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MUNOZ-YEPEZ v. GONZALES

No. 05-3372.

465 F.3d 347 (2006)

Tomas MUNOZ-YEPEZ, Petitioner, v. Alberto GONZALES, Attorney General; Michael Chertoff, Secretary of the Department of Homeland Security, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2006.

Attorney(s) appearing for the Case

Conn Felix Sanchez, argued, Kansas City, MO, for petitioner.

Asheesh Agarwal, argued, Washington, DC (Peter D. Keisler, Carl H. McIntyre, and Susan K. Houser, on the brief), for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and COLLOTON, Circuit Judges.

LOKEN, Chief Judge.

Tomas Munoz-Yepez, a citizen of Mexico, entered the United States as a lawful permanent resident in March 1987. He pleaded guilty in state court to possessing a controlled substance with intent to distribute in October 1994 and to battery of his girlfriend in July 2004. In September 2004, the Department of Homeland Security initiated this removal proceeding, alleging that Munoz-Yepez was removable because his 1994 conviction was an "aggravated...

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