BIA: How small is 'small' - Int. Dec. 3741

BIA: How small is 'small' - Int. Dec. 3741

"An alien convicted of possession of marijuana with intent to distribute under State law has the burden to show that the offense is not an aggravated felony because it involved a “small amount of marihuana for no remuneration” within the meaning of 21 U.S.C. § 841(b)(4)(2006), which the alien may establish by presenting evidence outside of the record of conviction. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008), clarified." - Matter of CASTRO RODRIGUEZ, 25 I&N Dec. 698 (BIA 2012).