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DE HOYOS v. MUKASEY

No. 07-60740.

551 F.3d 339 (2008)

Frederico Ibarra DE HOYOS, also known as Frederico Dehoyos, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

December 8, 2008.

Attorney(s) appearing for the Case

Joseph P. Berra, San Antonio, TX, for Petitioner.

Richard Mark Zanfardino, Thomas Ward Hussey, Dir., Gregory D. Mack, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before KING, DENNIS and ELROD, Circuit Judges.

PER CURIAM:

In May 2000, petitioner Frederico Ibarra De Hoyos, a lawful permanent resident, was convicted of possession of marijuana in an amount greater than 50 pounds and less than 2000 pounds, a second degree felony under the Texas Controlled Substance Act, TEX. HEALTH & SAFETY CODE § 481.121(b)(5). In subsequent removal proceedings, an Immigration Judge granted De Hoyos's application for cancellation of removal...

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