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DECARVALHO v. GARLAND

No. 20-1711.

18 F.4th 66 (2021)

Janito DECARVALHO, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

November 17, 2021.

Attorney(s) appearing for the Case

Trina Realmuto , with whom Tiffany Lieu , National Immigration Litigation Alliance, Jennifer Klein , and Committee for Public Counsel Services were on brief, for petitioner.

Marie V. Robinson , with whom Jeffrey Bossert Clark , Acting Assistant Attorney General, Civil Division, Cindy S. Ferrier , Assistant Director, Office of Immigration Litigation, and Andrew N. O'Malley , Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before LYNCH, LIPEZ, and KAYATTA, Circuit Judges.

The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly serious crime" that makes him ineligible for withholding of removal. See 8 U.S.C....

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