United States Third Circuit

Petition for review of a BIA order finding petitioner removable for having committed an aggravated felony, contrary to an IJ's finding and grant of cancellation of removal, is granted where the BIA erred in failing to apply the modified categorical approach set forth in applicable Supreme Court precedent, and thus it erred when it considered petitioner's sentencing document to determine whether he had been convicted of an aggravated felony.

Appellate Information

• Decided 12/19/2008
• Published 12/19/2008

Judges

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

Court

• United States Third Circuit

Counsel

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


• For Appellees:
  
• 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.