Legal Opinion
Warren Hilarion Eusta Joseph v. Attorney General of the United States
Court of Appeals for the Third Circuit
Decided October 2, 2006No. 05-1047, 05-2889PublishedCited by 67 opinions
1Opinion of the Court
WEIS, Circuit Judge.
The issue in this ease is whether the petitioner’s conviction under 18 U.S.C. § 922(a)(3) constitutes an “aggravated felony” of “illicit trafficking in firearms” under Immigration and Nationality Act (“INA”) §§ 101(a)(43) and 237(a)(2)(A)(iii). 8 U.S.C. §§ 1101(a)(43)(C), 1227(a)(2)(A)(iii). We conclude that the petitioner’s offense is not an aggravated felony under the INA because § 922(a)(3) does not include a “trafficking element.”
Petitioner Warren Hilarión Eusta Joseph, a lawful permanent resident of the United States and a native and citizen of Trinidad, is subject to…
2Cases cited12 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Smith v. United StatesSupreme Court of the United States · 1993
- Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
- 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
- Khaimraj Singh v. John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Elias Eid v. John ThompsonCourt of Appeals for the Third Circuit · 2014
- Lin v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
- Jean-Louis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
- Hoxha v. HolderCourt of Appeals for the Third Circuit · 2009
- Castro v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2012
62 more not listed; retrieve them via the Exa API.