FERNANDEZ v. MUKASEY

Nos. 06-3476, 06-3987, 06-3994.

544 F.3d 862 (2008)

Omar C. FERNANDEZ, Florencio Victor Jimenez-Mateo, and Julio Calderon, Petitioners, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 2008.


Attorney(s) appearing for the Case

Claudia Valenzuela, Midwest Immigrant and Human Rights Center, John D. Winters (argued), Butler, Rubin, Saltarelli & Boyd, Chicago, IL, for Petitioners.

Jennifer A. Levings (argued), Bryan S. Beier, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before MANION, ROVNER, and SYKES, Circuit Judges.


MANION, Circuit Judge.

Petitioners Florencio Victor Jimenez-Mateo, Julio Calderon, and Omar Cendejas-Fernandez (collectively "petitioners") were ordered removed from this country. The orders of removal were based on findings that petitioners' most recent state-court convictions for drug possession offenses constituted aggravated felonies under § 101(a)(43)(B) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1101(a)(43)(B), because each of the petitioners...

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