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BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception

Posted on July 6, 2021 by sethlerner1964

The BIA sustained the appeal and remanded to allow the immigration judge (IJ) to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-pro-bono-project/

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https://www.bia.gov/bia

Filed under: Anti-Drug Abuse Act (ADAA), BIA, bia decisions, Drug Conviction, drug offense | Tagged: , , | Leave a comment »

Aggravated Felony conviction a deportable offense

Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)

Filed under: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Immigration Attorney, Immigration Lawyer, Pre-ADAA Convictions, USCIS | Tagged: , , , , , , | Leave a comment »

  • Brian D. Lerner

    Immigration Lawyer

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