Category Archives: Deportation for Drug Crimes

CA7 remands COR holding that possession of any amount of marijuana over 30 grams could be prosecuted as federal misdemeanor, not an “aggravated felony.”

Posted on July 27, 2017 by Mike Baker

BIA erred in finding that noncitizen was ineligible for cancellation of removal relief because his prior Illinois conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Deportation for Drug Crimes, Drug Laws in Illinois, exception to deportability 30 grams or less of marijuana, Marijuana Possession, Removal, U.S. Supreme Court | Leave a comment

Supreme Court Holds that Drug Paraphernalia Must Be “Related to” a 21 USCA § 802 Listed Substance to Support Removal

Posted on June 8, 2015 by Mike Baker

The Supreme Court in Mellouli v. Holder (June 1, 2015) decided when a state drug-paraphernalia conviction sufficiently “relates to” a substance listed under the Controlled Substances Act to justify removing a permanent U.S. resident under the Immigration and Nationality Act. … Continue reading →

Posted in convicted of a violation of any law or regulation of a state relating to a controlled substance, Deportation for Drug Crimes, Drug Laws in Illinois, possession of drug paraphernalia, SCOTUS | Leave a comment

BIA reasserts the circumstance-specific inquiry on the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana”

Posted on September 19, 2014 by Mike Baker

Matter of Jonet DOMINGUEZ-RODRIGUEZ, Respondent 26 I&N Dec. 408 (BIA 2014) Interim Decision #3814 Decided September 18, 2014 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeal For purposes of section 237(a)(2)(B)(i) of the Immigration and … Continue reading →

Posted in "possession for personal use”, a single offense involving possession for one’s own use of thirty grams or less of marijuana, BIA, BIA Precedent Decisions Volume 25, Board of Immigration Appeals, categorical approach, Deportation for Drug Crimes, Modified categorical approach, single offense | Leave a comment

Moncrieffe v. Holder, small amount of marijuana is not an aggravated felony

Posted on April 27, 2013 by Mike Baker

Moncrieffe, a Jamaican citizen legally in the U.S., was found with 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. Under the Immigration and Nationality Act, a noncitizen … Continue reading →

Posted in Aggravated felony, Cancellation of Removal, Deportation for Drug Crimes, Marijuana Possession, U.S. Supreme Court | Leave a comment

BIA Finds Municipal Court Judgment in Genuine Criminal Proceedings Is a “Conviction” and Marijuana Possession After Such a Conviction Is an Aggravated Felony: Matter of Cuellar-Gomez

Posted on August 2, 2012 by Mike Baker

The Board of Immigration Appeals (BIA or Board) in Matter of Cuellar-Gomez, 25 I. & N. Dec. 850 (B.I.A. July 18, 2012), held that (1) a formal judgment of guilt of an alien entered by a municipal court is a … Continue reading →

Posted in Aggravated felony, BIA, Board of Immigration Appeals, Deportation for Drug Crimes, Marijuana Possession, What is conviction for immigration purposes, “single offense involving possession for one's own use of thirty grams or less of marijuana.” | Leave a comment