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RUIZ-VIDAL v. GONZALES

No. 04-73812.

473 F.3d 1072 (2007)

Jose Reyes RUIZ-VIDAL, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2007.

Attorney(s) appearing for the Case

Robert B. Jobe, Law Office of Robert B. Jobe, San Francisco, CA, argued the cause for the petitioner and filed a brief.

Jamie M. Dowd, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., argued the cause for the respondent and filed a brief. Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, were on the brief.

Before: BEEZER, O'SCANNLAIN, TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Department of Homeland Security has met its burden of proving that the petitioner is removable from the United States as an alien convicted of a law relating to a controlled substance.

I

A

Jose Ruiz-Vidal is a 49 year-old Mexican national who legally immigrated to the United States in August 1976. On October 26, 1998, Ruiz-Vidal pleaded nolo contendere in California Superior Court to...

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