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YANEZ-GARCIA v. ASHCROFT

Nos. 02-2538, 02-2666.

388 F.3d 280 (2004)

Ismael YANEZ-GARCIA, Petitioner, v. John D. ASHCROFT, Attorney General of the United States, Respondent. Nir Masok, Petitioner, v. John D. Ashcroft, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 2004.

Attorney(s) appearing for the Case

Lisa J. Palumbo (argued), Legal Assistance Foundation of Metropolitan Chicago, Chicago, IL, for Yanez-Garcia.

Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Masok.

Jeffrey S. Bucholtz (argued), Department of Justice, Washington, DC, George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, for Respondent.

Before KANNE, ROVNER, and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Ismael Yanez-Garcia and Nir Masok are permanent resident aliens, each of whom has pleaded guilty in Illinois state court to possession of cocaine. The Board of Immigration Appeals concluded that this offense qualified as a drug trafficking crime, and therefore as an aggravated felony, rendering Yanez and Masok ineligible for cancellation of removal. Each of them filed a petition for review, asking us to overturn the BIA's conclusion...

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