United States Third Circuit

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Catwell v. Attorney General, 08-4208

Petition for review of a decision of the BIA that vacated an IJ's decision granting cancellation of removal, and instead entered a final order of removal against petitioner to Guyana, is denied where: 1) petitioner possessed more than a small amount of marijuana in his 2003 Pennsylvania state law conviction for possession with intent to distribute 120.5 grams of marijuana, and thus, the BIA correctly concluded that petitioner was not eligible for cancellation of removal; 2) the BIA correctly deferred to the IJ's findings of fact; and 3) petitioner's constitutional challenge to former 8 U.S.C. section 1432 is without merit.

Appellate Information

  • Argued 07/13/2010
  • Decided 10/13/2010
  • Published 10/13/2010

Judges

  • <a href="http://pview.findlaw.com/view/1621464_1">GREENAWAY</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/3345290_1">Michael T. Gershberg</a>, Kathryn L. DeAngelis