United States Sixth Circuit

Petition for review of a BIA order permanently barring petitioner from the US is granted and the matter remanded to the BIA with orders to quash an order of deportation and terminate deportation proceedings where the INS did not prove that a Canadian court quashed the petitioner's drug conviction solely to avoid adverse immigration consequences.

Appellate Information

• Decided 10/04/2006
• Published 10/04/2006

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.