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LOPEZ v. GONZALES

No. 04-2397.

417 F.3d 934 (2005)

Jose Antonio LOPEZ, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Patricia G. Mattos of St. Paul, Minnesota.

Counsel who presented argument on behalf of the appellee was Russell J.E. Verby of Washington, D.C. Also appearing on the brief were Peter D. Keisler and David V. Bernal.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Jose Antonio Lopez appeals an order of the Board of Immigration Appeals ("BIA") pretermitting and denying his application for cancellation of removal. Lopez argues that his state-law conviction for aiding and abetting the possession of a controlled substance is not an aggravated felony for purposes of the Immigration and Naturalization Act ("INA"). For the reasons discussed below, we affirm.

I. BACKGROUND

Petitioner Jose...

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