United States Third Circuit

Petition for review of denial of withholding of removal is granted and the matter remanded to the BIA where defendant's 18 U.S.C. section 922(a)(3) conviction for transporting firearms across state lines was not an aggravated felony of "illicit trafficking in firearms" under 8 U.S.C. section 1101(a)(43)(C).

Appellate Information

• Argued 07/13/2006
• Decided 10/02/2006
• Published 10/02/2006

Judges

• WEIS, Circuit Judge., Before SMITH, WEIS and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Claudia Slovinsky, Esq. (Argued), New York, NY, Attorney for Petitioner.


• For Appellees:
  
• Peter G. O'Malley, Esq., Office of United States Attorney, Newark, NJ, Jonathan Potter, Esq. (Argued), Linda S. Wernery, Esq., Douglas E. Ginsburg, Esq., John D. Williams, Esq., U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.