Enrique Colin Ballesteros v. John Ashcroft
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McKAY, Circuit Judge.
In 1999, Mr. Ballesteros, a lawful permanent resident of the United States, pleaded guilty to one count of felony possession of a controlled substance. Under the terms of the plea agreement, the Idaho court withheld judgment, and Mr. Bal-lesteros was placed on three years’ probation, which Mr. Ballesteros completed without incident.
Subsequent to Mr. Ballesteros’ completion of his probation, the Department of Homeland Security (“DHS”) reorganized its detention boundaries and formalized its already-existing policy of detaining in Colorado aliens arrested in Montana and…
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