The Third Circuit determined that a Pennsylvania conviction for possession of cocaine with intent to distribute is an aggravated felony.  The court also determined that nothing in the regulations or the statute required the Department of Homeland Security to seek termination of removal proceedings under section 240 of the Immigration and Nationality Act (INA) before issuing a Final Administrative Order of Removal under section 238(b) of the INA.

The full text of Bedolla Avila v. Attorney General can be found here:

http://www2.ca3.uscourts.gov/opinarch/151860p.pdf

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