Barragan-Lopez

I. Background

Barragan-Lopez is a native and citizen of Mexico. After entering the United States without inspection or admission in 2002, his status was adjusted and he became a lawful perma- nent resident of the United States on June 24, 2003. 15106 BARRAGAN-LOPEZ v. MUKASEY After being charged with violating various Arizona crimi- nal laws, Barragan-Lopez signed a plea agreement on July 13, 2004, in which he pled guilty to, inter alia, “SOLICITATION

TO POSSESS MARIJUANA FOR SALE IN AN AMOUNT

OVER THE STATUTORY THRESHOLD, A CLASS 4 FEL-

ONY, in violation of A.R.S. §§ 13-1002, 13-3405(A)(2), 13- 3405(B)(6), 13-3401, 13-301, 13-302, 13-303, 13-304, 13- 701, 13-702, 13-702.01 and 13-801, committed on or about December 17, 2003.” Barragan-Lopez was convicted of that offense and sentenced to a term of imprisonment of one year.

Barragan-Lopez was served a Notice to Appear on Febru- ary 24, 2005, which alleged that he was “convicted in the Superior Court of Arizona, Maricopa County, for the offense [of] SOLICITATION TO POSSESS MARIJUANA FOR

SALE IN AN AMOUNT OVER THE STATUTORY

THRESHOLD, a class 4 felony.” Based on that conviction, the Notice charged Barragan-Lopez…