BIA Amicus Invitation No. 17-01-26 - ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE

BIA, Jan. 26, 2017 - "Amicus Invitation No. 17-01-26

AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017

JANUARY 26, 2017

The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:

ISSUES PRESENTED:

(1) Whether, assuming that Arizona prohibits at least one narcotic drug that is not within the
Federal controlled substances schedules and that its statute is not divisible, a conviction
for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7)
and 13-3408(B)(7) is a crime involving moral turpitude. Please discuss in this regard
Matter of Khourn, 21 I&N Dec. 1041 (BIA 1997), and Matter of Silva-Trevino, 26 I&N
Dec. 826 (BIA 2016).

(2) Whether the respondent is removable under section 212(a)(2)(A)(i)(II) or section
212(a)(2)(C) of the Immigration and Nationality Act based on a conviction for attempt to
transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7) and 13-
3408(B)(7), in light of Mathis v. United States, ___U.S.___, 136 S.Ct. 2243 (2016);
Lopez-Valencia v. Lynch, 798 F.3d 863 (9th Cir. 2015); and Matter of Chairez, 26 I&N
Dec. 819 (BIA 2016)."