Immigration Law

BIA on 'Realistic Probability' - Matter of Navarro Guadarrama

Matter of Navarro Guadarrama,  27 I&N Dec. 560 (BIA 2019) Interim Decision #3956

Where an alien has been convicted of violating a State drug statute that includes a controlled substance that is not on the Federal controlled substances schedules, he or she must establish a realistic probability that the State would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction. Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), reaffirmed.