Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Filed under: Immigration Attorney | Tagged: controlled substance, drug crime, drug offense, removability, Removal | Leave a comment »
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Removal of the conditional residence
Filed under: removal order | Tagged: controlled substance, drug crime, drug offense, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal of the Conditional Residence, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
An alien is removable under section 237(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as one who was inadmissible at the time of entry or adjustment of status pursuant to section 212(a)(2)(C) of the Act, 8 U.S.C. § 1182(a)(2)(C)(2006), where an appropriate immigration official knows or has reason to believe that the alien is a trafficker in controlled substances at the time of admission to the United States. Matter of Rocha, 20 I&N Dec. 944 (BIA 1995).
Crimes that make you deportable
Apply for cancellation of removal
Filed under: Removable Offenses | Tagged: Brian D. Lerner, controlled substance, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Removable Offenses | Leave a comment »
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: Brian D. Lerner, controlled substance, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
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 | Tagged: Brian D. Lerner, controlled substance, conviction, convictions, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
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: aggravated felony, controlled substance, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.
Conviction for false claim of citizenship
Convictions of violence and battery charges in those applying for immigration petitions
Filed under: conviction | Tagged: alien's conviction, aliens, controlled substance, illegal aliens, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Removal Proceedings | Leave a comment »
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