Gerbier v. Holmes,
280 F.3d 297 (3d Cir. Feb. 8, 2002) (Delaware conviction of
"trafficking in cocaine," in violation of Del.Code
Ann. tit. 16, § 4753A(2)(a), that was based on possession
of between 5 and 50 grams of cocaine, did not constitute an
"aggravated felony " under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for immigration purposes, since
offense did not contain a trading or dealing element and was
not punishable as a felony under federal law).

jurisdiction: 
Third Circuit

 

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