Immigration Law

Recent Posts

Neil Young Faces US Citizenship Delay Over Marijuana Use
Posted on 11 Nov 2019 by Daniel M. Kowalski

Laura Snapes, The Guardian, Nov. 11, 2019 " Neil Young is facing a delay in his application for US citizenship after honestly answering a question about his marijuana use. In a letter to fans posted on his website , the Canadian songwriter said... Read More

Reps Lead Bipartisan Letter to Change Administration Guidance on Immigrants Working in the Cannabis Industry
Posted on 30 May 2019 by Daniel M. Kowalski

Congressman Joe Neguse, May 29, 2019 "Representatives Joe Neguse (D-CO), Hakeem Jeffries (D-NY) and Kelly Armstrong (R-ND) are leading a bipartisan letter urging Attorney General Barr and Acting Secretary McAleenan to retract guidelines issued... Read More

USCIS Policy Alert: Controlled Substance-Related Activity and Good Moral Character Determinations
Posted on 19 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 19, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing... Read More

Denver Mayor Seeks Guidance from DOJ on Citizenship Denials, Marijuana
Posted on 11 Apr 2019 by Daniel M. Kowalski

At least two Colorado LPRs were denied naturalization "solely because of their cannabis industry employment." Denver Mayor Michael B. Hancock wrote this letter dated April 3, 2019 to Attorney General Barr asking for "formal guidance from... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

Unless You’re an American Citizen, Legal Marijuana is Not For You
Posted on 13 Feb 2018 by Daniel M. Kowalski

Ann Marie Awad, Colorado Public Radio, Feb. 12, 2018 - "Marijuana may be a multi-billion dollar industry in Colorado, but cannabis is still illegal federally — so any job in the industry can be considered trafficking in a controlled substance... Read More

Nevada Welcomed Israeli Marijuana Scientist, U.S. Immigration Threw Him Out
Posted on 1 Feb 2018 by Daniel M. Kowalski

Jerusalem Post, Feb. 1, 2018 - "He came from Israel to the US for work, got married, bought a house and expected to start a family right away. Then US immigration authorities forced Shimon Abta him out of the country for being a “trafficker... Read More

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana
Posted on 10 Oct 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by... Read More

Admission of Pot Use, Ever, May Bar Entry Into U.S.A.
Posted on 4 Apr 2013 by Daniel M. Kowalski

"Ever try pot? Answer yes to a border agent, and foreigners could face permanent consequences even if they haven't used marijuana in years. More and more Canadians are learning the hard way that admitting to U.S. border agents that you smoked... Read More

BIA on Marijuana: Matter of Dominguez-Rodriguez
Posted on 18 Sep 2014 by Daniel M. Kowalski

Official Headnote: For purposes of section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2012), the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana”... Read More

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad
Posted on 2 Mar 2016 by Daniel M. Kowalski

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... Read More

AAO 212(h) Hardship Victory; Mexico; Drug Conviction
Posted on 20 May 2014 by Daniel M. Kowalski

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession... Read More

Practice Advisory: Matter of Davey & the Categorical Approach
Posted on 23 Jan 2013 by Daniel M. Kowalski

"This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana”... Read More

CA5 on Marijuana Personal Use Exception: Flores Esquivel v. Lynch
Posted on 2 Oct 2015 by Daniel M. Kowalski

"In this appeal, we reject the Board of Immigration Appeals’s (BIA) interpretation of the statute it administers and vacate the BIA decision under review. We do so because the plain language of the relevant statute clearly contradicts the interpretation... Read More