Category Archives: Marijuana Possession

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

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

30 grams or less of marijuana for his or her own use exception to deportability

Posted on October 24, 2012 by Mike Baker

Matter of Jennifer Adassa DAVEY, 26 I&N Dec. 37 (BIA 2012) ID 3770 Decided October 23, 2012 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) For purposes of section 237(a)(2)(B)(i) of the Immigration and … Continue reading →

Posted in a single offense involving possession for one’s own use of thirty grams or less of marijuana, BIA, BIA PRECEDENT TABLE, Board of Immigration Appeals, exception to deportability 30 grams or less of marijuana, Marijuana Possession, single offense | Tagged | 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