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

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.

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

https://cbocalbos.wordpress.com/tag/bia/

https://www.bia.gov/bia

Under NY Penal Law § 221.40 drug conviction do not qualify as Aggravated Felonies

The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law § 221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)

aggravated felony

felony

conviction

Under immigration reform USA, here are exceptions to the priorities of deportation

 

Offense involving possession of 30 grams or less of marijuana

The court held that INA §237(a)(2)(B)(i) which exempts from removal those convicted of a single offense involving possession of 30 grams or less of marijuana for one’s own use does not apply to persons with more than one drug conviction. (Rodriguez v. Holder, 8/23/10)