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RASHID v. MUKASEY

No. 06-4270.

531 F.3d 438 (2008)

Zia Ul Islam RASHID, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Maris J. Liss, George P. Mann & Associates, Farmington Hills, Michigan, for Petitioner. Terri Leon-Benner, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: George P. Mann, George P. Mann & Associates, Farmington Hills, Michigan, for Petitioner. Terri Leon-Benner, United States Department of Justice, Washington, D.C., for Respondent.

Before: MERRITT, CLAY, and GILMAN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case presents an important issue at the intersection of immigration law and criminal law. Zia Ul Islam Rashid, a legal permanent resident, was twice convicted of misdemeanor marijuana possession in the state courts of Michigan, first in 2000 and again in 2005. He was subsequently charged by the Department of Homeland Security (DHS) with removability under the Immigration and Nationality Act (INA). Rashid conceded...

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