CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, IMMIGRATION LAW

Gonzales-Gonzales v. Weber, No. 04-1181 (10th Cir. December 27, 2006)In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.