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Immigration Law

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution of a small amount of marijuana for no remuneration.  The Board stated that the existence of a separate statute specifically criminalizing the distribution of a small amount of marijuana for no remuneration did not affect its conclusion, because Pennsylvania permits prosecutors to charge defendants under a general penal provision even when their conduct is more closely tied to a specific statute.  The decision was issued by Member Roger Pauley and was joined by Member Anne Greer and Member Garry Malphrus."  [Hats off to Daniel B. Conklin!]

Matter of Rodriguez-Trinidad, A044-892-640, Feb. 24, 2016, unpub.