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LIAO v. RABBETT

No. 03-4541.

398 F.3d 389 (2005)

Chi Jing LIAO, Petitioner-Appellee, v. Linda RABBETT, Interim District Director, Cleveland Office, United States Department of Homeland Security; John Ashcroft, Attorney General, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Alison R. Drucker, United States Department of Justice, Washington, D.C., for Appellants. Scott E. Bratton, Margaret Wong & Associates Co. LPA, Cleveland, Ohio, for Appellee. ON BRIEF: Alison R. Drucker, United States Department of Justice, Washington, D.C., for Appellants. Scott E. Bratton, Margaret Wong & Associates Co. LPA, Cleveland, Ohio, for Appellee.

Before: GUY and COLE, Circuit Judges; TARNOW, District Judge.

OPINION

RALPH B. GUY, Jr., Circuit Judge.

Respondents appeal from the district court's order granting habeas relief to petitioner, Chi Jing Liao, and declaring him eligible to apply for cancellation of removal. While conceding he was removable on other grounds, Liao's habeas petition challenged the determination of the Board of Immigration Appeals (BIA) that his state conviction for possession of heroin was an ...

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