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United States Eighth Circuit


Tostado v. Carlson, 05-1053

An order denying petitioner's application for cancellation of removal is reversed where, based on the recent decision in Lopez v. Gonzalez, 127 S.Ct. 625 (2006), his state-law convictions for possession of marijuana and cocaine were not aggravated felonies for purposes of the Immigration and Naturalization Act (INA).

Appellate Information

  • Decided 04/02/2007
  • Published 04/02/2007

Judges

  • SMITH, Circuit Judge., Before SMITH, HEANEY, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Warren Hoff, St. Louis, MO, for appellant.

  • For Appellees:
  • Jane Rund, AUSA, St. Louis, MO, for appellee.
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