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Catwell v. Attorney General, 08-4208

By FindLaw Staff on October 13, 2010 2:20 PM

Petition for review of BIA's order vacating IJ's grant of cancellation of removal denied

Catwell v. Attorney General, 08-4208, concerned a petition for review of a decision of the BIA that vacated an IJ's decision granting cancellation of removal, and instead entered a final order of removal against petitioner to Guyana.  In denying the petition, the court held that the petitioner possessed more than a small amount of marijuana in his 2003 Pennsylvania state law conviction for possession with intent to distribute 120.5 grams of marijuana, and thus, the BIA correctly concluded that petitioner was not eligible for cancellation of removal.  The court also held that the BIA correctly deferred to the IJ's findings of fact.  Lastly, petitioner's constitutional challenge to former 8 U.S.C. section 1432 is without merit.

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