BENAVIDES, Circuit Judge:
Petitioner Ferdinando Discipio, a native and citizen of Brazil, became a permanent resident of the United States in 1970. In 2002, Mr. Discipio became subject to removal after a Massachusetts court convicted him of possession with intent to distribute Percocet. A Massachusetts court later overturned Mr. Discipio's conviction because of procedural and substantive flaws in the underlying proceeding and granted him a new trial.
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