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Immigration Law

Unpub. BIA on Fla. Trafficking

Matter of X-, Nov. 8, 2016 (unpub.) - "A conviction under Fla. Stat. § 893.13(1 )(a)(2) for possession with intent to sell ... does not require a showing of an attempt or substantial step towards the completion of unlawful trading or dealing. Indeed, it could involve merely a change in a possessor's intent to sell a drug rather than use or keep it for himself.  Accordingly, we conclude that the respondent's conviction under Fla. Stat. § 893.13(1)(a)(2) does not constitute a conviction for "illicit trafficking" and does not constitute a conviction for an aggravated felony as defined in section 101(a)(43)(B) or (U) of the Act. We therefore reverse the Immigration Judge's decision finding the respondent removable under section 237(a)(2)(A)(iii) of the Act, and we remand the record to the Immigration Judge for a hearing on the respondent's eligibility for cancellation of removal under section 240A(a) of the Act, 8 U.S.C. § 1229b(a) and for any other matters necessary to the resolution of the respondent's proceedings."

[Hats off to Patricia Cooper!]