USCIS issued guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be an offense under state law.
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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 »
The court found that where a state criminal statute covers both the felony and misdemeanor conduct proscribed by 21 USC §841, it is presumed to be a felony, unless the petitioner proves he was convicted of misdemeanor conduct.
Filed under: Immigration Attorney | Tagged: 21 USC 841, Atty.Brian D. Lerner, CA5, Immigration Lawyer, Possession of Marijuana | Leave a comment »
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