Third Circuit: Jose Bedolla Avila v. Attorney General United States

Sentencing, Immigration

As the state statute proscribing possession with intent to deliver is analogous to the similar federal statute which has no minimum possession, under modified categorical analysis, the state conviction here is an aggravated felony for sentencing purposes.

Simultaneous removal proceedings by DHS and INS do not offend regulations or Due Process, as there is no direct proscription in the regulations and there was no showing that the simultaneity of the proceedings harmed the petitioner's attempt to present his case.  

Jose Bedolla Avila v. Attorney General United States