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EVANSON v. ATTORNEY GENERAL OF U.S.

No. 07-2509.

550 F.3d 284 (2008)

Wister EVANSON, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES.

United States Court of Appeals, Third Circuit.

Filed: December 19, 2008.

Attorney(s) appearing for the Case

Martin A. Kascavage, Esq. (Argued), Schoener & Kascavage, Philadelphia, PA, Attorney for Petitioner.

Richard M. Evans, Esq., Michelle G. Latour, Esq., Virginia M. Lum, Esq., Kohsei Ugumori, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.

Before: SLOVITER, FUENTES, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Wister Evanson, a native and citizen of Trinidad and Tobago, pled guilty to possession of marijuana with intent to deliver and criminal conspiracy in violation of Pennsylvania law. After the state judge sentenced him to probation and community service, the Department of Homeland Security ("DHS") commenced removal proceedings. The Immigration Judge ("IJ") found that Evanson's offense did not constitute an aggravated...

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