Singh v. Attorney Gen. of the United States

Singh, a citizen of India, was admitted as a lawful permanent resident in 2009. He ran convenience stores in Clearfield County, Pennsylvania. In 2011, state troopers searched his stores. Singh was charged with “the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance,” conspiracy, and “[k]nowingly or intentionally possessing a controlled or counterfeit substance.” A “Negotiated Plea Agreement” described the counts as involving a “PA Counterf[e]it Substance – Non Fed.” At his plea colloquy, Singh pled guilty to “possession with intent to deliver a counterfeit substance under Pennsylvania law but not under federal law” and “criminal conspiracy to commit possession with the intent to deliver … designated a counterfeit substance, under Pennsylvania law but not under federal law. DHS began removal proceedings for being convicted of: an aggravated felony, 8 U.S.C. 1101(a)(43)(B); “a violation of . . . any law or regulation of a State … relating to a controlled substance,” 8 U.S.C. 1227(a)(2)(B)(i); a “crime involving moral turpitude,” 8 U.S.C. 1227(a)(2)(A)(i); and an aggravated felony, 8 U.S.C. 1227(a)(2)(A)(iii). An IJ found Singh removable. Singh filed a stipulation from the Clearfield County District Attorney, indicating that: the Plea form is a standard form that “do[es] not constitute an admission of any specific facts” and that Singh “plead[ed] only to the delivery of an unidentified counterfeit substance under Pennsylvania law.” The BIA held Singh was removable for being convicted of an aggravated felony, without deciding whether Singh was removable under other sections. The Third Circuit vacated. Singh’s conviction does not sufficiently match the elements of the generic federal offense and was not for an aggravated felony. View "Singh v. Attorney Gen. of the United States" on Justia Law