United States Sixth Circuit

Petition for review of a Board of Immigration Appeals (BIA) order permanently barring petitioner from the United States, based on a Canadian conviction for a drug offense, is granted where the INS did not prove by clear, unequivocal, and convincing evidence that petitioner's conviction remained valid for immigration purposes.

Appellate Information

• Decided 07/17/2006
• Published 07/17/2006

Judges

• Before DAUGHTREY and GILMAN, Circuit Judges, and RICE, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell R. Abrutyn, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner.  Greg D. Mack, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Marshal E. Hyman, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner.  Greg D. Mack, Donald Keener, United States Department of Justice, Washington, D.C., for Respondent.