Frias-Camilo v. Att'y Gen. of the United States, No. 15-3733 (3d Cir. 2016)
Annotate this CaseFrias-Camilo, a citizen of the Dominican Republic, entered the U.S. as a lawful permanent resident in 2006. In 2013, he entered a plea of guilty in Pennsylvania state court to conspiracy to possess a controlled substance, cocaine. He was originally sentenced to a 12-month period of probation, but, 16 months later, the court amended his sentence and imposed a sentence of “guilty without further penalty,” pursuant to 42 Pa. Cons. Stat. 9723.2, vacating several earlier-imposed punitive aspects of Frias-Camilo’s sentence. DHS charged removability under 8 U.S.C. 1227(a)(2)(B)(i) and an immigration judge rejected Frias-Camilo's claims. The Third Circuit denied a petition for review, upholding the BIA’s determination that Frias-Camilo was removable and ineligible for cancellation of removal because he had not demonstrated his physical presence in the U.S. for a period of seven years. A “formal judgment of guilt” was entered against Frias-Camilo, establishing his “conviction” as defined by 8 U.S.C. 1101(a)(48)(A).
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