Ambessa Hagos BERHE, Petitioner,
v.
Alberto R. GONZALES, United States Attorney General, Respondent.
Herman Henry, Petitioner,
v.
Alberto R. Gonzales, `United States Attorney General, Respondent.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 2, 2006.
Decided September 26, 2006.
Attorney(s) appearing for the Case
William W. Fick, with whom Foley Hoag LLP was on brief, for petitioner Berhe.
Jeremiah Friedman, with whom Ilana Greenstein, Harvey Kaplan, Maureen O'Sullivan and Kaplan, O'Sullivan & Friedman, LLP, were on brief, for petitioner Henry.
William E. Graves, Jr. and Graves & Doyle, on brief for Committee for Public Counsel Services, National Immigration Project of the National Lawyers Guild and Immigrant Defense Project of the New York State Defenders Association, amici curiae in support of petitioner in No. 05-2239.
John J. Andre, Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, Michael P. Lindeman, Assistant Director, and Ethan B. Kanter, Senior Litigation Counsel, Office of Immigration Litigation, were on brief in No. 05-1870, and with whom Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director and William Minick, Attorney, Office of Immigration Litigation, were on brief in No. 05-2239, for respondent.
Before SELYA, LIPEZ, and HOWARD, Circuit Judges.
United States Court of Appeals, First Circuit.
HOWARD, Circuit Judge.
Herman Henry and Ambessa Hagos Berhe1 each petition for review of Board of Immigration Appeals' decisions ordering their removal. We have written a single opinion dealing with those separate petitions because they both question whether a state misdemeanor drug offense can constitute an "aggravated felony" for the purposes of the Immigration and Nationality Act (INA). See 8 U.S.C. § 1101(a)(43). Petitioners...
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