United States Tenth Circuit

A judgment in an immigration case holding, in part, that the BIA properly applied Tenth Circuit law to determine that petitioner was removable as an aggravated felon because of a state felony drug possession conviction is vacated and remanded pursuant to the recent Supreme Court decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), which overturned the relevant Tenth Circuit precedent.

Appellate Information

• Decided 03/29/2007
• Published 03/30/2007

Judges

• McKAY, Circuit Judge., Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeff Joseph, Denver, Colorado, for Petitioner.


• For Appellees:
  
• Blair T. O'Connor, Senior Litigation Counsel (Emily Anne Radford, Assistant Director, with him on the brief), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.