United States Ninth Circuit

A petition for review of a BIA final order of removal is denied where petitioner's 1978 conviction for possession of marijuana for sale may be treated as a disqualifying aggravated felony conviction for purposes of his current request for cancellation of removal following his 2004 controlled substance conviction.

Appellate Information

• Argued 11/17/2006
• Decided 01/10/2007
• Published 01/10/2007

Judges

• GOULD, Circuit Judge:, Before: HUG, TASHIMA, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas H. Tousley, Law Office of Thomas H. Tousley, Virginia, for petitioner Michael Herbert Becker.


• For Appellees:
  
• Anthony P. Nicastro, Attorney, Office of Immigration Litigation, Civil Division, United States Justice Department, Washington, D.C., argued for respondent Alberto Gonzales, United States Attorney General.  Peter D. Keisler, Assistant Attorney General, Civil Division, Richard M. Evans, Assistant Director, and David E. Dauenheimer, Attorney, Office of Immigration Litigation, Civil Division, United States Justice Department, Washington, D.C., were on the brief.