Rachak v. Att'y General of the United States, No. 12-3864 (3d Cir. 2013)
Annotate this CaseRachak, a citizen of Morocco, was admitted to the U.S. as a lawful permanent resident in 2002. In 2006, he was charged with possession of marijuana and was placed on probation with supervision under Pennsylvania’s “Accelerated Rehabilitative Disposition” program. He did not comply with the conditions of the program and pled guilty to the charge. In 2011, Rachak pled guilty to charges of possession of cocaine and drug paraphernalia and was sentenced to two consecutive terms of 12 months of probation. The Department of Homeland Security charged Rachak with being removable under 8 U.S.C. 1227(a)(2)(B)(i). Rachak then filed a Pennsylvania Post Conviction Relief Act petition attacking his 2011 conviction. For a time, he obtained immigration continuance, but when Rachak’s attorney advised the Immigration Judge that his PCRA petition had been denied at the trial level and was on appeal, the IJ denied further continuances, ordered Rachak removed, and noted that his 2006 conduct rendered him ineligible for cancellation of removal under 8 U.S.C. 1229b(a) because he had not accrued seven years of continuous residence. The BIA affirmed. The Third Circuit rejected a petition for review.
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