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PICKERING v. GONZALES

No. 03-3928.

454 F.3d 525 (2006)

Christopher PICKERING, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 17, 2006.

Attorney(s) appearing for the Case

ARGUED: Russell R. Abrutyn, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Greg D. Mack, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Marshal E. Hyman, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Greg D. Mack, Donald Keener, United States Department of Justice, Washington, D.C., for Respondent.

Before: DAUGHTREY and GILMAN, Circuit Judges; RICE, Senior District Judge.

OPINION

WALTER H. RICE, Senior District Judge.

Petitioner Christopher Pickering seeks review of a Board of Immigration Appeals ("BIA") order permanently barring him from the United States, based on a Canadian conviction for a drug offense, for which he was later pardoned pursuant to Canadian law, and which was later quashed by a Canadian appellate court.

Finding prejudicial error, we grant the Petition for Review.

Petitioner is a native and...

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