These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
marijuana
The Eleventh Circuit has determined that Florida defines marijuana more broadly in its criminal laws than in the federal law because it criminalizes acts involving the stalks of the plant. As such, Florida marijuana convictions should no longer trigger controlled substance-related removability.
The full text of Said v. Attorney General can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/202112917.pdf
The Board of Immigration Appeals has confirmed that INA section 245(h)(2)(B) can be used to waive inadmissibility related to a single offense of possession of less than 30 grams of marijuana. The Board indicated that the circumstance specific approach should be used to determine the amount of marijuana at issue.
The full text of Matter of Moradel can be found here:
The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Davey and determined that the circumstance specific approach applies to the personal use exception for marijuana-related deportability.
The full text of Bogle v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/23/19-72290.pdf
An amended opinion can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/12/29/19-72290.pdf
The Third Circuit has determined that a conviction vacated because the state was decriminalized the underlying conduct does not meet the Pickering standard and is not recognized for immigration purposes.
The full text of Khan v. Attorney General can be found here: https://www2.ca3.uscourts.gov/opinarch/191427p.pdf
The Fifth Circuit has deferred to the Board of Immigration Appeals’ determination that the personal use of marijuana exception to controlled substance deportability is subject to the circumstance specific analysis. Specifically, if the statute of conviction does not specify that the conviction involved less than 30 grams of marijuana, the adjudicator may consult other documents, such as the arrest report, to determine how much marijuana was involved in the offense.
The full text of Cardoso de Flores v. Whitaker can be found here:
http://www.ca5.uscourts.gov/opinions/pub/17/17-60744-CV0.pdf
