LexisNexis® Legal Newsroom
CA3 on 'relating to a controlled substance' - Borrome v. Attorney General

"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 of...

CA3 on 'Relating to a Controlled Substance' - Rojas v. Attorney General (En Banc)

"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 costs. The Department of Homeland Security...

BIA on Realistic Probability Test: Matter of Ferreira

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 generic definition of the removable offense...

BREAKING: Supreme Court Tosses 'Adderall Sock' Deportation Case - Mellouli v. Lynch

"The question presented is whether a Kansas conviction for using drug paraphernalia to store or conceal a controlled substance, §21–5709(b), subjects an alien to deportation under §1227(a)(2)(B)(i), which applies to an alien “convicted of a violation of [a state law] relating...

CA9 on Categorical AggFel - Sandoval v. Yates

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 Substances Act does not punish soliciting...

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...

Heller's Catch 22

Steven D. Heller, Mar. 2018 - "Steven D. Heller’s Catch 22 CFR § 40.6 (Based on a true story) "Bob the Brit (not his real name) was refused entry on the Visa Waiver Program because his repeated visits to the US were deemed by Customs and Border Protection to suggest that his...