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ROJAS v. ATTORNEY GENERAL OF U.S.

No. 12-1227.

728 F.3d 203 (2013)

Ramiro Enrique ROJAS, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 23, 2013.

Reargued En Banc May 29, 2013.

Attorney(s) appearing for the Case

Craig R. Shagin [ARGUED], The Shagin Law Group, Harrisburg, PA, Tracey M. Hubbard , TMG Law Offices, Scranton, PA, for Petitioner.

Eric H. Holder, Jr. , Attorney General, Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Cindy S. Ferrier , Assistant Director, Thomas W. Hussey , Andrew J. Oliveira , Carol Federighi [ARGUED], Timothy G. Hayes , Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before: McKEE, Chief Judge, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, Jr., VANASKIE, SHWARTZ and GREENBERG, Circuit Judges.

OPINION OF THE COURT

Petitioner Ramiro Rojas entered the United States as a lawful permanent resident in 2003 when he was 12 years old. Six years later, Rojas pled guilty to possessing drug paraphernalia in violation of Pennsylvania law and was ordered to pay a fine and court costs. The Department of Homeland Security (the "Department") then initiated removal proceedings against Rojas, contending that he was removable for having violated a law "relating to a controlled...

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