Legal Opinion
Jean Junior Jeune v. Attorney General of the United States
Court of Appeals for the Third Circuit
Decided February 20, 2007No. 05-3103PublishedCited by 54 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
The instant appeal raises a discrete issue: whether a conviction under 35 Pa. Stat. Ann. § 780-113(a)(30) (“Manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance”), without any additional facts, constitutes an “aggravated felony” under the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1227(a)(2)(A)(iii). It cannot. To hold otherwise would be inconsistent with our recent holding in Garcia v. Attorney General of the United States, 462 F.3d 287 (3d Cir.2006), that a violation of 35 Pa. Stat. Ann. § 780-113(a)(30)…
2Cases cited10 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- Gary Steele v. J. Scott Blackman, Ins, District Director for Philadelphia DistrictCourt of Appeals for the Third Circuit · 2001
- Khaimraj Singh v. John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2004
- Marek PARTYKA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, RespondentCourt of Appeals for the Third Circuit · 2005
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Adel Fadlala Jarbough v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
- Sandoval-Lua v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
- Rendon v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- Evanson v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2008
- Catwell v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
49 more not listed; retrieve them via the Exa API.