Retuta v. Holder, No. 04-74855

Petition for review of the BIA's order removing petitioner from the U.S. based on a prior controlled substance offense is granted where 8 U.S.C. section 1101(a)(48)'s definition of "conviction" did not include criminal judgments whose only consequence was a suspended non-incarceratory sanction.

Read Retuta v. Holder, No. 04-74855

Appellate Information

Argued and Submitted October 6, 2009

Filed January 7, 2010

Judges

Opinion by Judge Pollak

Counsel

For Petitioner:

James Todd Bennett, El Cerrito, CA

For Respondent:

Bryan Stuart Beier, U.S. Department of Justice, Washington, DC