The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction.

Home » Immigration Updates » BIA Dismisses Appeal and Issues Decision on “Realistic Probability”

BIA Dismisses Appeal and Issues Decision on “Realistic Probability”