MIGUEL-MIGUEL v. GONZALES

No. 05-15900.

500 F.3d 941 (2007)

Diego MIGUEL-MIGUEL, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2007.


Attorney(s) appearing for the Case

Robert B. Jobe (argued) and Fatma Marouf, San Francisco, CA, for the petitioner-appellant.

Daniel G. Knauss, John Boyle and Cynthia M. Parsons (argued), Phoenix, AZ, for the respondent-appellee.

Before: PROCTER HUG, JR., PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.


FISHER, Circuit Judge:

This case presents the question of whether the Attorney General may through an adjudicative decision create a strong presumption that a drug trafficking offense resulting in a sentence of less than five years is a "particularly serious crime" under 8 U.S.C. § 1231(b)(3)(B). Diego Miguel-Miguel, a native of Guatemala, petitioned for withholding of removal based upon his alleged fear that his life...

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