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GONZALEZ v. SESSIONS

No. 17-1519.

894 F.3d 131 (2018)

Jose Santos Guzman GONZALEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2018.

Attorney(s) appearing for the Case

ARGUED: Japheth Nthautha Matemu , MATEMU LAW OFFICE, PC, Raleigh, North Carolina, for Petitioner. Dawn S. Conrad , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, Derek C. Julius , Assistant Director, Patricia E. Bruckner , Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition granted; order reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Floyd and Judge Harris joined.

Petitioner Jose Guzman Gonzalez entered the United States illegally in the early 2000s. Several years later, Guzman pleaded guilty in North Carolina state court to misdemeanor possession of a small amount of marijuana. The state court withheld adjudication of guilt, instead entering a verdict of prayer for judgment continued...

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