Modified Categorical Approach Victory in NY: Matter of Nunez (IJ Segal)

Modified Categorical Approach Victory in NY: Matter of Nunez (IJ Segal)

Michael Z. Goldman writes: "On September 20, 2013, we received a significant decision issued by New York Immigration Judge Alice Segal terminating removal proceedings against a long-time Permanent Resident of the United States.  This decision, which you can read here, is noteworthy because it is likely the first written decision of any court recognizing that New York's schedule of controlled substances (i.e., drugs) is broader than the federal counterpart.  As seen in Judge Segal's decision, this simple fact can have a tremendous impact on the case of any non-U.S. citizen currently in removal proceedings as a result of a New York controlled substance conviction."