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Immigration Law

CA11 on Divisibility, AggFel - Cintron v. U.S. Atty. Gen.

Cintron v. U.S. Atty. Gen. - "Natalia Cintron petitions for review of a Board of Immigration Appeals (“BIA”) decision denying her application for cancellation of removal from the United States and ordering that removal. The BIA concluded that Cintron failed to prove that she had not been convicted of an aggravated felony, which rendered her ineligible for cancellation of removal. In short, the BIA determined that the Florida narcotics statute under which Cintron had been convicted was divisible into separate offenses and, because the record of her conviction was inconclusive regarding which offense she had committed, she could not demonstrate her eligibility for cancellation of removal.

We disagree with the BIA’s conclusion. Because the Florida statute under which Cintron was convicted was indivisible and categorically overbroad, a conviction under that statute cannot qualify as an aggravated felony. Cintron’s narcotics conviction therefore does not disqualify her from cancellation of removal. We grant her petition and remand to the BIA to reconsider her application."

[Hats off to Humberto J. Corrales and an army of amici!]