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

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

Petitioner was a Drug Trafficker?

The court held that a vacated conviction that was based on a guilty plea combined with hearsay statements from police reports did not provide enough reason to believe that the petitioner trafficked in a controlled substance.

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