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JOSEPH v. ATTORNEY GENERAL OF U.S.

Nos. 05-1047, 05-2889.

465 F.3d 123 (2006)

Warren Hilarion Eusta JOSEPH, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed October 2, 2006.

Attorney(s) appearing for the Case

Claudia Slovinsky, Esq. (Argued), New York, NY, Attorney for Petitioner.

Peter G. O'Malley, Esq., Office of United States Attorney, Newark, NJ, Jonathan Potter, Esq. (Argued), Linda S. Wernery, Esq., Douglas E. Ginsburg, Esq., John D. Williams, Esq., U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.

Before SMITH, WEIS and ROTH, Circuit Judges.

WEIS, Circuit Judge.

The issue in this case is whether the petitioner's conviction under 18 U.S.C. § 922(a)(3) constitutes an "aggravated felony" of "illicit trafficking in firearms" under Immigration and Nationality Act ("INA") §§ 101(a)(43) and 237(a)(2)(A)(iii). 8 U.S.C. §§ 1101(a)(43)(C), 1227(a)(2)(A)(iii). We conclude that the petitioner's offense is not an aggravated felony under the INA because § 922(a)(3) does not include a ...

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