BALLESTEROS v. ASHCROFT

No. 04-9528.

452 F.3d 1153 (2006)

Enrique Colin BALLESTEROS, Petitioner, v. John ASHCROFT, Respondent.

United States Court of Appeals, Tenth Circuit.

June 14, 2006.


Attorney(s) appearing for the Case

Jeff Joseph, Denver, Colorado, for Petitioner.

Blair T. O'Connor, Senior Litigation Counsel (Emily Anne Radford, Assistant Director, with him on the brief), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.


McKAY, Circuit Judge.

In 1999, Mr. Ballesteros, a lawful permanent resident of the United States, pleaded guilty to one count of felony possession of a controlled substance. Under the terms of the plea agreement, the Idaho court withheld judgment, and Mr. Ballesteros was placed on three years' probation, which Mr. Ballesteros completed without incident.

Subsequent to Mr. Ballesteros' completion of his probation, the Department of Homeland Security ("DHS")...

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