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...
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...
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...
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...
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...
Official Headnote: Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the...
"Petitioner Ramiro Rojas entered the United States as a lawful permanent resident in 2003 when he was 12 years old. Six years later, Rojas pled guilty to possessing drug paraphernalia in violation of Pennsylvania law and was ordered to pay a fine and court...
"We hold that (1) a conviction for violating the FDCA’s wholesale distribution provisions, see 21 U.S.C. §§ 331(t) & 353(e)(2)(A), is not an “aggravated felony” — specifically “illicit trafficking in a controlled substance (as defined in section 802...