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Immigration Law

CA9 on Marijuana, CIMT: Walcott v. Garland

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 of two crimes involving moral turpitude (“CIMT”), based on two Arizona convictions for marijuana-related offenses. Walcott’s first conviction was in October 2010, when she entered a guilty plea to one count of solicitation to possess for sale less than two pounds of marijuana, in violation of Ariz. Rev. Stat. §§ 13-1002 (solicitation), 13-3405(A)(2) (possession for sale), and (B)(4) (less than two pounds). Shortly thereafter, she suffered her second conviction, for offering to transport less than two pounds of marijuana for sale, in violation of Ariz. Rev. Stat. § 13-3405(A)(4) (offer to transport) and (B)(10) (less than two pounds). The Immigration Judge (“IJ”) sustained the charges, found Walcott removable, and denied her application for cancellation of removal under 8 U.S.C. § 1229b(a). The Board of Immigration Appeals (“BIA” or “Board”) agreed with the IJ that Walcott’s convictions were CIMTs and that she was not entitled to cancellation of removal; it thus dismissed her appeal. We conclude that Walcott’s convictions are not CIMTs and that Walcott accordingly was not removable under 8 U.S.C. § 1227(a)(2)(A)(ii)."

[Hats off to Altin Nanaj!]