Possession Crimes not Deportable Offenses

The U.S. Court of Appeals with jurisdiction over the States of Arkansas, Iowa, Missouri, Minnesota, Nebraska, North Dakota, and South Dakota, has reversed the Board of Immigration Appeal's long-standing interpretation of section 237(a)(2)(B)(i), a law that provides for deportation of individuals for possessing controlled substances. All removal or deportation proceedings held in any of the States listed above in which section 237(a)(2)(B)(i) was at issue may be affected by the Eighth Circuit's more favorable interpretation of this law. 

Since the year 2007, the Board of Immigration Appeals has held that foreigners present in the United States (including Lawful Permanent Residents) are subject to being deported from the United States for possessing small amounts of marijuana when the conviction involves additional elements that make the conviction more serious. This has led to findings of deportability for many hundreds of foreigners. 

The Eighth Circuit reversed the Board's precedent holding that it was contrary to the plain language of the law. Foreigners who have been ordered deported based on section 237(a)(2)(B)(i) in one of the States listed above should have their cases reviewed by an immigration lawyer to determine whether they may be eligible to request the Immigration Judge for reconsideration of their cases based on this change of law. 

You may contact Carlos Mauricio Duque, the author of this article, by calling 305-436-0155 (in the United States), or 4-26-39-75 (in Bogota, Colombia). 

Carlos Mauricio Duque, Esq. graduated from the Rosary University in Bogotá, Colombia (2002), and Nova Southeastern University in Fort Lauderdale, Florida (Cum Laude 2007). He is licensed to practice law in Colombia and in the State of Florida. Mr. Duque has dedicated the last eight years to the practice of immigration law. He is currently registered to practice in all Immigration Courts in the United States and before the Board of Immigration Appeals. Mr. Duque is currently chair of the Immigration Committee of the Dade County Bar, and a member of the Business and Investment Committee of AILA South Florida. He is also a member of the Unlicensed Practice of Law Committee of the Florida Bar.