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United States Ninth Circuit


Esquivel-Garcia v. Holder, 07-70640

Petition for review of the BIA's denial of petitioner's requests for cancellation of removal, adjustment of status and voluntary departure is granted in part where the government needed to put forth reliable evidence to show that the petitioner was convicted of a disqualifying controlled substance offense. However, the petition is denied in part where there was sufficient evidence to support the Immigration Judge's finding that petitioner had possessed a disqualifying controlled substance, and that precluded adjustment of status.

Appellate Information

  • Argued 12/09/2009
  • Decided 01/28/2010
  • Published 01/28/2010

Judges

  • Before DAVID R. THOMPSON and BARRY G. SILVERMAN, Circuit Judges, and SUSAN R. BOLTON,District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Sylvia Rivera, Los Angeles, CA, for the petitioner.

  • For Appellees:
  • David Schor, Department of Justice, Washington, D.C., for the respondent.
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