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Immigration Law

BREAKING: Supreme Court Tosses 'Adderall Sock' Deportation Case - Mellouli v. Lynch

"The question presented is whether a Kansas conviction for using drug paraphernalia to store or conceal a controlled substance, §21–5709(b), subjects an alien to deportation under §1227(a)(2)(B)(i), which applies to an alien “convicted of a violation of [a state law] relating to a controlled substance (as defined in [§802]).”

... In sum, construction of §1227(a)(2)(B)(i) must be faithful to the text, which limits the meaning of “controlled substance,” for removal purposes, to the substances controlled under §802. We therefore reject the argument that any drug offense renders an alien removable, without regard to the appearance of the drug on a §802 schedule. Instead, to trigger removal under §1227(a)(2)(B)(i), the Government must connect an element of the alien’s conviction to a drug “defined in [§802].” For the reasons stated, the judgment of the U. S. Court of Appeals for the Eighth Circuit is reversed." - Mellouli v. Lynch, June 1, 2015.