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Immigration Law

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

Ulloa Francisco v. U.S. Atty. Gen. - "In the case before us, the AG proved that the alien, a lawful permanent resident, was removable for having been convicted of a felony related to drug trafficking. INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i). After his removal was ordered, the alien petitioned the AG to cancel the removal. To be eligible for such discretionary relief, the alien had to prove that he had not previously been convicted of an “aggravated felony,” as the INA defines that term. ... A recent decision of this Court binds us to hold that the alien did not commit an aggravated felony because the state statute under which he was convicted is neither divisible nor has a categorical match in the Controlled Substance Act (“CSA”). See Cintron v. U.S. Attorney Gen., No. 15-12344, ... (11th Cir. Feb. 20, 2018). We therefore grant the alien’s petition, vacate the BIA’s decision, and remand the case for further proceedings."

[Hats off to Liana Salas!]