Rojas v. Att'y Gen. of the United States, No. 12-1227 (3d Cir. 2013)
Annotate this CaseRojas, a 22-year old citizen of the Dominican Republic, entered the U.S. in 2003 as a lawful permanent resident. In 2009, Rojas pled guilty to possessing drug paraphernalia and was assessed a fine and court costs by the Pennsylvania state court. The Department of Homeland Security initiated removal proceedings for having violated a law “relating to a controlled substance (as defined in section 802 of Title 21),” 8 U.S.C. 1227(a)(2)(B)(i). Rojas argued that the offense that constitutes the basis of removal must involve a substance defined in section 802 of Title 21. The BIA ordered Rojas removed. The Third Circuit, en banc, remanded. In a removal proceeding under section 1227(a)(2)(B)(i), the government must show that the conviction for which it seeks to remove a foreign national involved or was related to a federally controlled substance. In this case, the Department failed to meet its burden.
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