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Articles by CLINIC

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  • Oct 27, 2014: IJ Must Examine the Circumstances to Determine Marihuana Possession Exception
    Oct 27, 2014: An LPR was convicted of a Nevada statute for possession of marihuana and placed into removal proceedings.  He was charged with violating INA § 237(a)(2)(B)(i), which is the ground of deportation for violating any controlled substance law.  That section contains an exception, however, for a “single offense involving possession for one’s own use of thirty grams or less of marihuana.”  The question...
  • Oct 27, 2014: Bar to Cancellation Applies to all Grounds of 212(a)(2)
    Oct 27, 2014: The BIA recently clarified that a person is ineligible for cancellation of removal if he or she is inadmissible under INA § 212(a)(2)(B) due to convictions of two or more offenses for which the aggregate sentence were five years or more.  That form of relief is not available to those who were convicted of an offense under section 212(a)(2).  The question before the Board was whether multiple...
  • Oct 27, 2014: BIA Issues Decision Applying Categorical Approach and Moncrieffe Analysis
    Oct 27, 2014: By Sarah Bronstein