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Lebanese Citizen's Petition For Review of BIA's Decision Granted, Plus Criminal Case

By FindLaw Staff on September 15, 2010 | Last updated on March 21, 2019

US v. Howard, 08-6143, concerned a challenge to a conviction of defendant for drug related crimes.  In affirming the conviction, the court held that: 1) the district court did not abuse its discretion in denying defendant's motion for funds to obtain a drug-dog expert; 2) because the search of the vehicle was supported by probable cause, independent of defendant's unlawful arrest, the cash contained inside of the vehicle was properly seized; 3) facts are more than sufficient to establish probable cause that criminal activity was taking place at a second mobile home; 4) district court properly declined to suppress the evidence inside the second mobile home; 5) district court did not abuse its discretion when it sustained the government's objection to the question put to a witness; 6) the district court did not abuse its discretion in allowing the government to recall an agent to testify about his 2003 encounter with defendant; 7) the district court did not abuse its discretion in denying defendant's motion for a mistrial; and 8) the evidence presented at trial was more than sufficient to sustain defendant's convictions for conspiring to possess and distribute at least five kilograms of cocaine, and for attempting to possess and distribute the drug.


Barakat v. Holder, 09-3675, concerned a challenge to a Lebanese citizen's petition for review of a BIA's denial of his motion to terminate removal proceedings.  In granting the petition, the court held that the BIA improperly put the burden on petitioner to prove that the state court's vacatur of his conviction was not for rehabilitative or immigration reasons, and the government failed to bear its burden of proving that petitioner's conviction was vacated for rehabilitative or immigration reasons.

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