moncrieffe | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Court Finds Petitioner’s Illinois Conviction for Possessing Between 30 and 500 Grams of Marijuana Is Not an Aggravated Felony

Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Seventh Circuit held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing more than 30 but not more than 500 grams of marijuana as an aggravated felony, finding that nothing in Moncrieffe supports the conclusion that the possession of a little more than 30 grams of marijuana can never be punished as a federal misdemeanor. Accordingly, the court granted the petition for review and remanded to give the BIA the opportunity to decide whether to exercise its discretion to grant cancellation of removal.

Filed under: best deportation attorney | Tagged: ag felon, drug offense, moncrieffe, Possession of Marijuana | Leave a comment »

Court Finds Petitioner’s Maine Assault Conviction Was Not a “Crime of Violence”

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On rehearing, the First Circuit vacated the BIA’s decision and remanded, holding that under Moncrieffe v. Holder the petitioner’s 2006 Maine conviction for assault was not a “crime of violence,” and thus, the petitioner was eligible to seek cancellation of removal.

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