United States Third Circuit

Entry of an order of removal under 8 U.S.C. section 1227(a)(1)(B) is affirmed, where: 1) petitioner concedes removability under section 1227(a)(1)(B) but contests the adverse determination of his eligibility for cancellation of removal; 2) the statutorily prescribed burden of demonstrating eligibility for relief from removal requires that petitioner show that the existence of a fact is more probable than its nonexistence; and 3) petitioner’s showing that the record of his conviction for paraphernalia possession is inconclusively related to a federally controlled substance is insufficient to meet the statutory burden for cancellation of removal.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Fisher

Court

• United States Third Circuit

Counsel