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CRESPO v. HOLDER

No. 09-2214.

631 F.3d 130 (2011)

Franklin Eduardo CRESPO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Dree Kristin Collopy , Maggio & Kattar, Washington, D.C., for Petitioner. James Eugene Grimes, Jr. , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West , Assistant Attorney General, Civil Division, Linda S. Wernery , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted by published opinion. Judge SHEDD wrote the opinion, in which Judge DUNCAN and Senior Judge HAMILTON joined.

OPINION

SHEDD, Circuit Judge:

Franklin Eduardo Crespo, a citizen and native of Peru, petitions for review of the denial of his 8 U.S.C. § 1182(h) waiver. Crespo contends that the Board of Immigration Appeals (BIA) erred in determining that a 1997 adjudication under Virginia Code § 18.2-251 for possession of marijuana qualified as a "conviction" under 8 U.S.C. § 1101(a)(48)(A). Because the plain language of § 1101(a)(48)(A) does not encompass...

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