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Immigration Law

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27

AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018

FEBRUARY 27, 2018

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

ISSUES PRESENTED: (1) Considering that knowledge of the illicit nature of a substance is not an element of the crime of possession of a controlled substance pursuant to Fla. Stat. § 893.13(6)(a), does the statute categorically define a violation “relating to” a controlled substance as provided in sections 212(a)(2)(A)(i)(II) and 237(a)(2)(B)(i) of the Act? Please discuss in light of Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014). (2) Is the definition of cocaine provided in Fla. Stat. § 893.03(2)(a) coextensive with the definition provided in the federal controlled substance schedules? If not, what is the import of any difference in these definitions? Is any difference clearly evident from the Florida statute’s text? (3) If the definition of cocaine provided in Fla. Stat. § 893.03(2)(a) is not coextensive with the definition provided in the federal controlled substance schedules, is the Florida statute divisible as to the nature of the controlled substance such that the application of the modified categorical approach is appropriate?