In light of Mellouli v. Lynch, the Ninth Circuit found that the Nevada statute under which the petitioner was convicted for misdemeanor possession of drug paraphernalia was overbroad, because it penalizes possession of paraphernalia in connection with substances not controlled under federal law. Thus, the court held that the petitioner was not categorically barred from seeking cancellation of removal, and remanded for the Board of Immigration Appeals (BIA) to consider, in the first instance, the potential application of the modified categorical approach, as well as the merits of the petitioner’s cancellation of removal application.
Filed under: Immigration Attorney | Tagged: deportable, drug crim, drug offense, drug paraphernalia, drug paraphernalia crime, possession, removable |
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