United States Ninth Circuit

The denial of Petitioner's application for cancellation of removal is reversed, where the BIA erred by finding that Petitioner's prior state drug conviction, which had been set aside, rendered him ineligible for cancellation of removal.

Appellate Information

• Argued 05/05/2008
• Decided 04/14/2009
• Published 04/14/2009

Judges

• Before:  KIM McLANE WARDLAW and SANDRA S. IKUTA, Circuit Judges, and JEREMY D. FOGEL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin A. Bove, Escondido, CA, for petitioner Joel Ramirez-Altamirano.


• For Appellees:
  
• Ronald LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA;  Saul Greenstein, Holly M. Smith, and Linda S. Wendtland, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for respondent Attorney General Mukasey.