United States Third Circuit
Borrome v. Attorney General of the United States, 11-1975
Defendant's petition for review of a removal order of the IJ to the Dominican Republic following his conviction for unauthorized wholesale distribution in interstate commerce of prescription drugs in violation of 21 U.S.C. sections 331(t) and 353(e), is granted, reversed and remanded where: 1) a conviction for violating the Federal Food, Drug, and Cosmetic Act's (FDCA) wholesale distribution provisions is not an "aggravated felony" including a drug trafficking crime under 8 U.S.C. sections 1101(a)(43)(B) and 1227(a)(2)(A)(iii); and 2) the FDCA's wholesale distribution provisions are not laws relating to a controlled substance under 8 U.S.C. section 1227(a)(2)(B)(i).
Appellate Information
- Decided 07/18/2012
- Published 07/18/2012
Judges
- Ambro
Court
- United States Third Circuit