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LARA-GARCIA v. GARLAND

No. 20-71703.

49 F.4th 1271 (2022)

Jose Alfredo LARA-GARCIA, AKA Jose Alfredo Garcia, AKA Jose Alfredo Lara, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2022.

Attorney(s) appearing for the Case

Frank P. Sprouls , (argued), Law Office of Ricci & Sprouls, San Francisco, California, for Petitioner.

Timothy Bo Stanton , (argued), Trial Attorney; Anthony P. Nicastro , Assistant Director; Jennifer B. Dickey , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Susan P. Graber and John B. Owens, Circuit Judges, and M. Miller Baker, International Trade Judge.

OPINION

Petitioner Jose Alfredo Lara-Garcia, a native and citizen of Mexico, was removed to Mexico in 2008, partly because of a California state-court conviction for drug possession. In 2018, a California court expunged that conviction, and Petitioner sought to reopen his immigration proceedings. An immigration judge...

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