Leger v. U.S. Atty. Gen. "In this case, we must decide whether a Florida conviction for lewd and lascivious battery under the 2008 version of Fla. Stat. § 800.04(4)—an offense which the Florida Supreme Court has characterized as statutory rape—constitutes...
W. Scott Railton, Think Immigration, Feb. 29, 2024 "Magic mushrooms are having a moment, maybe more, but it bears saying, they are very bad news for U.S. immigration purposes. ... Magic mushrooms and psychedelics are moving to the mainstream in some places...
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 Proclamation 10688 of December 22, 2023 Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana By the President of the...
Pesikan v. Atty. Gen. "Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense...
Dor v. Garland "Petitioner, Jonalson Dor ("Dor"), seeks judicial review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") decision to deny Dor's applications for relief from removal...
Sarah Jarvis, Law360, May 10, 2022 "A 2018 U.S. Customs and Border Protection document recently disclosed amid a lawsuit filed by Davis Wright Tremaine LLP [Davis Wright Tremaine LLP v. U.S. Customs and Border Protection, case number 2:19-cv-00334, in the...
Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02(3) includes “all...
Walcott v. Garland "Pattie Page Walcott, a citizen of Jamaica, became a lawful permanent resident of the United States in March 1999. In 2011, the government charged her with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted...
DeCarvalho v. Garland "The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly serious crime"...
Cortes-Maldonado v. Barr "We address whether the conduct proscribed by Oregon’s former marijuana delivery statute, Or. Rev. Stat. § 475.860 (2011), constitutes the federal generic crime of “illicit trafficking of a controlled substance,” under the Immigration...
Matter of Gonzalez Lemus, 27 I&A Dec. 612 (BIA 2019) Interim Decision #3961, Sept. 25, 2019 (1) Because the identity of the drug involved is an element of the crime of possession of a controlled substance under section 124.401(5) of the Iowa Code, the statute...
Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us is whether that crime...
Matter of Navarro Guadarrama, 27 I&N Dec. 560 (BIA 2019) Interim Decision #3956 Where an alien has been convicted of violating a State drug statute that includes a controlled substance that is not on the Federal controlled substances schedules, he or she...
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...
Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled...