Singh v. Att'y General, 677 F.3d 503, 518 (3d Cir. Apr. 16, 2012) (Government must charge attempt under INA 101(a)(43)(U) in order to prevail on an "attempt" theory: "This is important because Singh has a due process right to receive notice of [t]he charges against [him] and the statutory provisions alleged to have been violated. 8 U.S.C. 1229(a); see also United States v. Torres, 383 F.3d 92, 104 (3d Cir.2004) (stating that, under the Constitution, aliens have right to receive notice of the charges against them and a fair opportunity to be heard). Further, since removability under (U) would involve questions that neither Singh nor this Court have had an opportunity to address, it appears that a sua sponte invocation of (U) at this late stage in the litigation would prejudice Singh's rights.").

 

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