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Matter of Voss, 28 I&N Dec. 107 (BIA 2020)

October 08, 2020 (1 min read)

Matter of Voss, 28 I&N Dec. 107 (BIA 2020)

If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2018), that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.

"[W]e disagree with the Immigration Judge’s finding that the respondent is now removable under section 237(a)(2)(B)(i) of the Act solely because of her 2013 conviction for offenses relating to controlled substances. Her inadmissibility under section 212(a)(2)(A)(i)(II) based on that conviction resulted in the grant of cancellation of removal she received in 2014, which, without more, now precludes a finding of deportability based on the same conviction. Accordingly, the respondent’s appeal will be sustained, the Immigration Judge’s decision will be vacated, and the proceedings will be terminated."

[Hats off to Philip J. Hunter!]