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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Julvio Julce, a native and citizen of Haiti, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying his application for cancellation of removal. The BIA concluded he was not eligible for this relief from removal because he had been convicted of an aggravated felony.

The petitioner raises a new question for this court involving the interplay between the immigration law’s definition of aggravated felons, who are ineligible for cancellation of removal, and the federal criminal statutory exception in 21 U.S.C. § 841(b)(4) for reducing certain felony marijuana offenses from felonies to misdemeanor status.

 
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