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Mielewczyk v. Holder, No. 07-74246

In a petition for review of an order removing petitioner from the U.S., the petition is denied where, because the statute of conviction by its own terms was a state law "relating to a controlled substance" and petitioner's conviction involved heroin (a controlled substance as defined in 21 U.S.C. section 802(6)), the BIA correctly found petitioner removable.

Read Mielewczyk v. Holder, No. 07-74246

Appellate Information

Argued and Submitted February 2, 2009

Filed August 5, 2009


Opinion by Judge Wardlaw


For Petitioner:

Sarah K. Jezairian, Snell & Wilmer LLP, Tucson, AZ

For Respondent:

Stuart S. Nickum, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC