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MARTINEZ-LOPEZ v. GONZALES

No. 05-60503 Summary Calendar.

454 F.3d 500 (2006)

Joaquin MARTINEZ-LOPEZ, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 29, 2006.

Attorney(s) appearing for the Case

Lisa S. Brodyaga, Refugio de Rio Grande, San Benito, TX, for Petitioner.

Shelley R. Goad, Edward C. Durant, U.S. Dept. of Justice, Civil Div. Immigration Litigation, Thomas Ward Hussey, Director, Linda Susan Wendtland, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, E.M. Trominski, Dist. Director, U.S.I.N.S., Harlingen, TX, Caryl G. Thompson, U.S.I.N.S., Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Joaquin Martinez-Lopez, a native and citizen of Mexico, was admitted to the United States as a lawful permanent resident alien on September 18, 1983. On October 11, 1999, Martinez-Lopez pleaded guilty in Texas state court to possession of less than one gram of cocaine, a felony under state law. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (Vernon Supp. 1999). The court granted...

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