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NUNEZ-REYES v. HOLDER

No. 05-74350.

602 F.3d 1102 (2010)

Flavio NUNEZ-REYES, aka Flavio Reyes, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2010.

Attorney(s) appearing for the Case

Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner.

Erica Miles and Keith I. Bernstein, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Per Curiam Opinion: Concurrence by Judge GRABER.

PER CURIAM:

Petitioner Flavio Nunez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA's") decision denying his application for cancellation of removal. We grant the petition and remand for further proceedings.

Nunez-Reyes entered the United States in 1992. In 2001, he was charged in state court with one felony count of possession of methamphetamine, in violation of California Health and Safety Code section...

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