United States Tenth Circuit

In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.

Appellate Information

• Decided 12/27/2006
• Published 12/28/2006

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jonathan F. Cohn, Deputy Assistant Attorney General (Peter D. Keisler, Assistant Attorney General, Civil Division, David M. McConnell, Deputy Director, and Dimple Gupta, Counsel to the Assistant Attorney General, Civil Division on the briefs), U.S. Department of Justice, Washington, D.C., for Respondent-Appellant., Jim Salvator, Lafayette, CO, for Petitioner-Appellee.