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ELIA v. GONZALES

No. 03-3446.

431 F.3d 268 (2005)

Jawdat ELIA, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2005.

Attorney(s) appearing for the Case

ARGUED: Marisa C. Petrella, Petrella & Associates, P.C., Southfield, Michigan, for Petitioner. James A. Hunolt, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Marisa C. Petrella, Petrella & Associates, P.C., Southfield, Michigan, for Petitioner. Margaret J. Perry, Jennifer L. Lightbody, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: SILER and ROGERS, Circuit Judges; REEVES, District Judge.

AMENDED OPINION

ROGERS, Circuit Judge.

Jawdat Elia petitions for review of an order of the Board of Immigration Appeals ordering Elia deported to Iraq. In 1991, while a lawful permanent resident of the United States, Elia was convicted in Michigan of a drug-related offense. After the Immigration and Naturalization Service ("INS") initiated deportation proceedings against Elia on the basis of this conviction, Elia petitioned for a waiver of deportability...

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