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PESIKAN v. ATTY. GEN.

Nos. 20-3307 and 21-1262.

83 F.4th 222 (2023)

Srecko PESIKAN, Petitioner v. ATTORNEY GENERAL United States of America.

United States Court of Appeals, Third Circuit.

(Filed: September 26, 2023).

Attorney(s) appearing for the Case

Stephen A. Fogdall [ARGUED], Dilworth Paxson, 1500 Market Street, Suite 3500E, Philadelphia, PA 19102, Arleigh P. Helfer, III , Helfer Law, 410 Campbell Avenue, Havertown, PA 19083, Bruce P. Merenstein , Welsh & Recker, 306 Walnut Street, Philadelphia, PA 19106, Counsel for Petitioner.

Alexander J. Lutz [ARGUED], Craig A. Newwell, Jr. , United States Department of Justice, Office of Immigration Litigation, P.O. Box 878, Ben Franklin Station, Washington, DC 20044, Counsel for Respondent.

Before: JORDAN, KRAUSE, and MONTGOMERY-REEVES, Circuit Judges.

OPINION OF THE COURT

Petitioner Srecko Pesikan argues that the Board of Immigration Appeals ("BIA") erred in concluding that his 2018 Pennsylvania conviction for driving under the influence ("DUI") of marijuana constituted an offense involving a "controlled substance," as...

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