(Download) "Chuang v. U.S. Attorney General" by In the United States Court of Appeals for the Eleventh Circuit ~ eBook PDF Kindle ePub Free

eBook details

Title: Chuang v. U.S. Attorney General
Author : In the United States Court of Appeals for the Eleventh Circuit
Release Date : January 02, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Petitioner Fidencio Resendiz-Alcaraz, an alien present in the United States without being admitted or paroled, was convicted of a controlled substance offense in state court. The conviction was expunged after Petitioner served one year of probation. Subsequently, the Immigration and Naturalization Service (INS) initiated removal proceedings against Petitioner, which resulted in an order of removal that was affirmed by the Board of Immigration Appeals (BIA). Petitioner now asks this Court to review the removal order, contending he is entitled to cancellation of removal because his state court conviction was expunged. We conclude the state conviction is indeed a "conviction" for immigration purposes and, therefore, 8 U.S.C. 1252(a)(2)(C) deprives us of subject matter jurisdiction over the petition. Accordingly, we affirm the decision of the BIA.