GARCIA v. GONZALES

No. 05-1504.

455 F.3d 465 (2006)

Aaron Alphonso GARCIA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 2006.


Attorney(s) appearing for the Case

ARGUED: George Millington Clarke, III, Baker & McKenzie, L.L.P., Washington, DC, for Petitioner. Joanne Elizabeth Johnson, United States Department of Justice, Civil Division, Washington, DC, for Respondent. ON BRIEF: David J. Laing, Baker & McKenzie, L.L.P., Washington, DC; Mary Holper, Cair Coalition, Washington, DC, for Petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, James E. Grimes, Senior Litigation, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.

Before WIDENER and WILLIAMS, Circuit Judges, and WILLIAM L. OSTEEN, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


Petition granted and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge WILLIAMS and Senior Judge OSTEEN concurred.

OPINION

WIDENER, Circuit Judge.

This case is a petition for review of a decision by the Board of Immigration Appeals holding that the petitioner, Aaron Garcia, is eligible for deportation under the Immigration and Naturalization Act. The Board held that Garcia was so eligible on account of his conviction...

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