Summary
The Sixth Circuit held that a Pennsylvania statute criminalizing possession with intent to deliver a controlled substance, 35 Pa. Stat. § 780-113(a)(30), is divisible as to the type of controlled substance, based on state double-jeopardy precedent (Commonwealth v. Swavely). Applying the modified categorical approach, the court determined that the petitioner's conviction for possession with intent to deliver marijuana categorically matched the federal controlled-substance offense under 8 U.S.C. § 1182(a)(2)(A)(i)(II), rendering him removable. The court denied the petition for review, affirming the BIA's decision. Key topics: immigration removal, controlled substance offense, categorical/modified categorical approach, divisibility of state statutes, and the interplay between state and federal drug schedules.