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FERNANDEZ v. KEISLER

No. 06-2209.

502 F.3d 337 (2007)

Luis Puentes FERNANDEZ, Petitioner, v. Peter D. KEISLER, Acting Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: September 26, 2007.

Attorney(s) appearing for the Case

ARGUED: Marc Seguinot, Seguinot & Associates, P.C., McLean, Virginia, for Petitioner. Kristin Kay Edison, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Civil Division, James A. Hunolt, Senior Litigation, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.

Petition for review denied by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge SHEDD concurred. Judge MOTZ wrote a dissenting opinion.

OPINION

WILLIAMS, Chief Judge:

Luis Puentes Fernandez, a native and citizen of Chile, petitions for review of an order of the Board of Immigration Appeals (BIA) ordering his removal from the United States. The BIA ordered Fernandez's removal based on his conviction in Virginia state court for distribution of oxycodone and Percocet. Fernandez seeks to avoid removal by arguing that under our decision in United...

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