United States Third Circuit

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Rojas v. Attorney General of the United States, 12-1227

Petition for review of an order of removal is granted, where: 1) in a removal proceeding under 8 U.S.C. section 1227(a)(2)(B)(i), the Department must show that the conviction for which it seeks to remove a foreign national, involved or was related to, a federally controlled substance; 2) here, the record was silent as to the drug involved; and thus, 3) the Department failed to meet its burden and the matter is remanded for the agency to determine whether the Department may have another opportunity to demonstrate that petitioner's conviction involved a federally controlled substance.

Appellate Information

  • Decided 08/23/2013
  • Published 08/23/2013

Judges

  • FUENTES

Court

  • United States Third Circuit

Counsel

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