Huerta v. Ashcroft

McKAY, Circuit Judge.

In 1990, Petitioner became a lawful permanent resident alien of the United States pursuant to 8 U.S.C. § 1255(a). In 1999, Petitioner was convicted in Colorado state court of conspiring to sell marijuana. As a result, the Immigration and Naturalization Service (“INS”) served Petitioner with a Notice to Appear informing him that he was removable from the country under 8 U.S.C. § 1227(a)(2)(A)(iii) for having been convicted of an aggravated felony. See 8 U.S.C. § 1101(a)(43)(B), (U) (“aggravated felony” includes conspiracies to illicitly traffic controlled substances).

In…