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Exempts from removability those convicted of only a “single offense”

Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010

Filed under: alien's conviction, controlled substance, Drug Trafficker, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

Violation of a law relating to a controlled substance

Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).

Filed under: controlled substance, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: , , , , | Leave a comment »

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