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Legal Opinion

Belito Garcia v. Attorney General of the United States

Court of Appeals for the Third Circuit

Decided September 5, 2006No. 05-2786PublishedCited by 58 opinions

1Opinion of the Court

FISHER, Circuit Judge.

Belito Garcia petitions for review from the Board of Immigrations Appeals’ final order of removal. Garcia’s petition requires us to determine whether his conviction under section 13(a)(30) of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (“the Act”), 35 Pa. Stat. Ann. § 780-113(a)(30), constitutes an “aggravated felony” under relevant provisions of the Immigration and Nationality Act (“INA”).

We have previously held that violations of similar Delaware and New Jersey statutes do not qualify as aggravated felonies. See Gerbier v. Holmes, 280 F.3d 297…

2Cases cited11 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
  3. Commonwealth v. MitchellSupreme Court of Pennsylvania · 1977
  4. 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
  5. Khaimraj Singh v. John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2004

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3Cited by58 opinions

  1. Jean-Louis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
  2. Denis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011
  3. Warren Hilarion Eusta Joseph v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2006
  4. Evanson v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2008
  5. Jean Junior Jeune v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007

53 more not listed; retrieve them via the Exa API.

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