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RENDON v. MUKASEY

Nos. 05-77064, 05-77150.

516 F.3d 1087 (2008)

Benedicto RENDON, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Benedicto Rendon, Petitioner, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted November 7, 2007.

Attorney(s) appearing for the Case

Eileen R. Ridley, Michael A. Naranjo, Patrick T. Wong, Foley & Lardner LLP, San Francisco, CA, for the petitioner.

Stephen J. Flynn, Melissa. Neiman-Kelting, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for the respondent.

Before: MARY M. SCHROEDER, CYNTHIA HOLCOMB HALL, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

In this case, we consider whether a state felony conviction for possession with intent to sell a controlled substance contains a trafficking element. We conclude that it does and therefore it qualifies as an aggravated felony under the immigration laws.

I. FACTS AND PROCEDURAL HISTORY

Benedicto Rendon is a native and citizen of Mexico who has been a lawful permanent resident of the United States since 1995. In April 1997, he...

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