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FRANCIS v. GONZALES

Docket No. 04-2457-AG.

442 F.3d 131 (2006)

Baswell FRANCIS, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2006.

Attorney(s) appearing for the Case

Mark T. Kenmore, Buffalo, NY, for Petitioner.

Gregory R. Miller, United States Attorney for the Northern District of Florida (E. Bryan Wilson, Assistant United States Attorney, of counsel), Tallahassee, FL, for Appellant.

Before: McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.

SACK, Circuit Judge.

The Immigration and Naturalization Service1 instituted removal proceedings2 against petitioner Baswell Francis in 1999, alleging that because he had two Jamaican convictions for possessing marijuana in the early 1980s, Francis had been statutorily inadmissible at the time he obtained his temporary resident status in 1988 and his permanent resident status in 1990. In support of its allegations...

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