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PARTYKA v. ATTORNEY GENERAL OF U.S.

No. 04-2804.

417 F.3d 408 (2005)

Marek PARTYKA, Petitioner v. *ATTORNEY GENERAL OF the UNITED STATES, Respondent. *(Pursuant to F.R.A.P. 43(c)).

United States Court of Appeals, Third Circuit.

Filed August 11, 2005.

Attorney(s) appearing for the Case

Joseph C. Hohenstein (Argued), James J. Orlow, Orlow & Orlow, Philadelphia, PA, for Petitioner.

Bryan S. Beier (Argued), Linda S. Wernery, Jocelyn L. Wright, William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before ALITO, SMITH, and ROSENN Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The conviction of Marek Partyka ("Partyka" or "Petitioner") for violating a New Jersey criminal statute by assaulting a local law enforcement officer and the ensuing order of removal require us to wade into the amorphous morass of moral turpitude law. As a result of an altercation between Petitioner, then aged twenty, and his father, local police and their K-9 dog responded to a call for assistance. A scuffle soon...

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