United States Third Circuit

A conviction under 35 Pa. Cons. Stat. Ann. section 780-113(a)(30) for the manufacture, delivery, or possession with intent to manufacture or deliver, of a controlled substance, without any additional facts, does not constitute an "aggravated felony" under the Immigration and Nationality Act (INA).

Appellate Information

• Decided 02/20/2007
• Published 02/20/2007

Judges

• Before SMITH and ROTH, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Morley, Morley, Surin & Griffin, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Kathleen Meriwether, Office of United States Attorney, Philadelphia, PA, for Respondent.