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ROSAS-CASTANEDA v. HOLDER

No. 10-70087.

630 F.3d 881 (2011)

Luis Javier ROSAS-CASTANEDA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2011.

Attorney(s) appearing for the Case

John M. DeStefano, III (argued), Snell & Wilmer, L.L.P., Phoenix, AZ, for the petitioner.

Tony West , Assistant Attorney General; Linda S. Wernery , Assistant Director; James E. Grimes (argued), Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.

Before: ROBERT E. COWEN, A. WALLACE TASHIMA, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

Luis Javier Rosas-Castaneda, a native and citizen of Mexico and a lawful permanent resident of the United States, was convicted of attempted transportation for sale of an amount of marijuana weighing more than two pounds in violation of Arizona law. An Immigration Judge found Rosas-Castaneda removable based on his conviction for a controlled substance violation, but found the record of conviction unclear as to whether his...

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