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LAVIRA v. ATTORNEY GENERAL OF U.S.

No. 05-3334.

478 F.3d 158 (2007)

Maurice LAVIRA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed February 26, 2007.

Attorney(s) appearing for the Case

Valerie A. Burch [Argued], Pennsylvania Immigration Resource Center, York, PA, for Petitioner.

Maurice Lavira, Ethan B. Kanter, James E. Grimes, William C. Minick [Argued], United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent Attorney General of the United States.

Before RENDELL, ROTH, and GIBSON, Circuit Judges.

RENDELL, Circuit Judge.

Maurice Lavira is an above-the-knee amputee with a lifelong political affiliation with exiled former President Jean-Bertrand Aristide of Haiti. He is also HIV positive. Lavira has been in the United States since 1993. He petitions for review of the decision of the Immigration Judge ("IJ"), affirmed by the Board of Immigration Appeals ("BIA"), that his conviction for purchasing a $10 bag of drugs for an undercover agent was a "particularly serious...

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