ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony

Rating: 2 votes, 5.00 average.
The Board of Immigration Appeals (BIA) has just overturned a May 6,
2008, order of an immigration judge that found an alien deportable under
former sections 241(a)(2)(A)(iii), and (B)(i) of the Immigration and
Nationality Act, 8 U.S.C. 1251(a)(2)(A)(iii) and(B)(i) (1994), as an
alien convicted of an aggravated felony and a controlled substance
violation.



In this specific case the alien is a native and citizen of El Salvador.
He entered the United States without inspection on March 28, 1984, and
was subsequently convicted on September 4, 1996, in the 185th District
Court of Harris County, Texas for delivery by actual transfer of a
simulated controlled substance (cocaine).



The BIA ruled that 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). See Matter of Fidel
Antonio SANCHEZ-CORNEJO
, 25 I&N Dec. 273 (BIA 2010)



The BIA reasoned that a State drug offense may only
constitute an aggravated felony under the "illicit trafficking" clause
if it is (1) a felony under the law of the convicting sovereign that (2)
involved "unlawful trading or dealing" in (3) a Federally controlled
substance. Therefore, because simulated cocaine is not a Federally controlled
substance, a conviction for delivery of a "simulated" controlled substance does not constitute an "illicit
trafficking" offense, and therefore is not an aggravated felony.

Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to Facebook Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to Twitter Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to Google Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to StumbleUpon Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to Reddit Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to Digg Submit "Delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Belstaff Blouson Jacket's Avatar
    Those are super cute. I like you on Facebook.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: