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CHAVEZ-PEREZ v. ASHCROFT

No. 02-72422.

386 F.3d 1284 (2004)

Daniel Humberto CHAVEZ-PEREZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2004.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, CA, for the petitioner.

Carolyn M. Piccotti, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before REAVLEY, W. FLETCHER, and TALLMAN, Circuit Judges.

Opinion by Judge Tallman; Dissent by Judge William A. Fletcher

TALLMAN, Circuit Judge.

The petitioner is an alien who was convicted in Oregon of first-time simple drug possession. Though this conviction might be expunged from his record sometime in the future pursuant to Oregon's rehabilitative statute, he has not yet qualified for this relief, and so the Immigration and Naturalization Service (INS)1 ordered him

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