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BALLESTEROS v. GONZALES

No. 04-9528.

482 F.3d 1205 (2007)

Enrique Colin BALLESTEROS, Petitioner, v. Alberto R. GONZALES, Respondent.

United States Court of Appeals, Tenth Circuit.

March 29, 2007.

Attorney(s) appearing for the Case

Michael E. Hegarty, Office of the United States Attorney, Mike Comfort, Acting Dist. Dir., Immigration & Naturalization Service, Nina Y. Wang, Faegre & Benson LLP, Denver, CO, Donald E. Keener, Emily A. Radford, Blair T. O'Connor, United States Department of Justice Office of Immigration Litigation, Washington, DC, for John Ashcroft.

Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.

ORDER ON PETITION FOR REHEARING

Petitioner requests panel rehearing or rehearing en banc. We previously held, inter alia, that the Board of Immigration Appeals ("BIA") properly applied Tenth Circuit law to determine that Petitioner was removable as an aggravated felon because of a state felony drug possession conviction. Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir.2006). We subsequently granted Petitioner's motion...

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