Garcia v. Attorney General,
___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (Pennsylvania
conviction of two counts of manufacturing, delivering, or
possessing a controlled substance with the intent to deliver,
under 35 Pa. Stat. Ann. § 780-113(a)(30), constitutes
an "aggravated felony" for immigration purposes;
even though statute was phrased in disjunctive, record of
conviction including complaint indicated defendant had sold,
delivered, and possessed controlled substances with intent
to deliver, which sufficiently established trafficking element
to constitute drug trafficking aggravated felony under "illicit
trafficking" route of INA § 101(a)(43)(B), 8 U.S.C.
§ 1101(a)(43)(B)), distinguishing Gerbier v. Holmes,
280 F.3d 297 (3d Cir. 2002); Wilson v. Ashcroft, 350 F.3d
377 (3d Cir. 2003).