United States Ninth Circuit

Defendant is eligible for cancellation of removal on grounds that defendant's prior drug possession conviction is not an aggravated felony where it would not be punishable as felony under federal drug laws and does not contain a trafficking element.

Appellate Information

• Argued 10/10/2003
• Decided 09/09/2004
• Published 09/09/2004

Judges

• TASHIMA, Circuit Judge:, Before: HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett, Esq., El Cerrito, CA, for the petitioner-appellant.


• For Appellees:
  
• Joan G. Ruffennach, Esq., Assistant United States Attorney, Phoenix, AZ, for the respondent-appellee.