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Waiver for Possession of Marijuana in a Drug Free Zone

The court found that possession of less than one ounce of marijuana in a drug-free zone in violation of Utah Code Ann. §58-37-8(2)(a)(i) and (4)(a)(ix) is not “simple possession” that would qualify for a waiver under INA §212(h). (Olivan-Duenas v. Holder, 1/26/11)

 

Waiver

The court found that possession of less than one ounce of marijuana in a drug-free zone in violation of Utah Code Ann. §58-37-8(2)(a)(i) and (4)(a)(ix) is not “simple possession” that would qualify for a waiver under INA §212(h). (Olivan-Duenas v. Holder, 1/26/11)

212 (h)

AOS and 212(h)

212(h) waiver

BIA on INA and 212(h)