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PERDOMO-PADILLA v. ASHCROFT

No. 01-71454.

333 F.3d 964 (2003)

Jose Luis PERDOMO-PADILLA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2003.

Attorney(s) appearing for the Case

Kathryn M. Davis and Ulrike I. Boehm, Latham & Watkins, Los Angeles, CA, for the petitioner; Jose Luis Perdomo-Padilla, petitioner pro se.

Mary Jane Candaux, Office of Immigration Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before SCHROEDER, Chief Judge, and THOMPSON, and GRABER, Circuit Judges.

GRABER, Circuit Judge.

Petitioner Jose Luis Perdomo Padilla, a citizen of Mexico, was convicted of conspiracy to distribute marijuana. The Immigration and Naturalization Service ("INS") instituted removal proceedings against him pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii), which provides for the removal of an alien who has been convicted of an aggravated felony. Arguing that he is a "national of the United States" within the meaning of 8 U.S.C. § 1101(a)(22...

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