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TOSTADO v. CARLSON

No. 05-1053.

437 F.3d 706 (2006)

Tomas TOSTADO, Appellant, v. Ken CARLSON, Interim Deputy Field Office Director; Bureau of Immigration and Customs Enforcement, Department of Homeland Security, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 3, 2006.

Attorney(s) appearing for the Case

Warren Hoff of St. Louis, MO, for appellant.

Jane Rund, AUSA, St. Louis, for appellee.

Before SMITH, HEANEY, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Tomas Tostado appeals the district court's1 denial of his habeas petition. Tostado argues that his state-law convictions for the unlawful possession of cocaine and unlawful possession of cannabis are not aggravated felonies for purposes of the Immigration and Naturalization Act ("INA"). For the reasons discussed below, we affirm.

I. Background

Petitioner Tomas Tostado is a native and citizen...

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