GARCIA v. ATTY. GEN. OF U.S.

No. 05-2786.

462 F.3d 287 (2006)

Belito GARCIA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed September 5, 2006.


Attorney(s) appearing for the Case

Steven A. Morley, Thomas M. Griffin, (Argued), Morley, Surin & Griffin, Philadelphia, PA, Attorneys for Petitioner.

Kathleen Meriwether, (Argued), Office of United States Attorney, Philadelphia, PA, Attorney for Respondent.

Before FISHER, CHAGARES and REAVLEY, Circuit Judges.


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...

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