LexisNexis® Legal Newsroom
Practice Advisory: Matter of Davey & the Categorical Approach

"This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. §...

Admission of Pot Use, Ever, May Bar Entry Into U.S.A.

"Ever try pot? Answer yes to a border agent, and foreigners could face permanent consequences even if they haven't used marijuana in years. More and more Canadians are learning the hard way that admitting to U.S. border agents that you smoked pot can bar you from entering the country forever...

AAO 212(h) Hardship Victory; Mexico; Drug Conviction

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession of marijuana, and, as attested to by numerous...

BIA on Marijuana: Matter of Dominguez-Rodriguez

Official Headnote: For purposes of section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2012), the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana” calls for a circumstance-specific inquiry...

CA5 on Marijuana Personal Use Exception: Flores Esquivel v. Lynch

"In this appeal, we reject the Board of Immigration Appeals’s (BIA) interpretation of the statute it administers and vacate the BIA decision under review. We do so because the plain language of the relevant statute clearly contradicts the interpretation that the BIA would give it. Under...

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by legalizing some forms of recreational marijuana,...