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After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

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Mellouli symposium continues: Jimson Weed

The online symposium on Mellouli v. Holder that launched Tuesday continues today with a musical interlude by Andrea Saenz, a Clinical Teaching Fellow at Cardozo Law’s Immigration Justice Clinic. Here’s Andrea’s original Jimson Weed, set to the tune of Michael Jackson’s “Billie Jean.”

* * *

It was more like a awful dream from a horror scene
Deport an LPR math teacher based on a sock
Now we’re back, seeking help, from the Court
Don’t care what’s in the sock….Close enough, said the 8th Circuit Court
He told me that he was charged by ICE, they were not so nice
Said you had drugs and must pay the price, for having a sock
Close enough, said the 8th Circuit Court

But Professor Casper told me, the controlled substance ground
Requires drugs on the federal list… (hee!)
And Sharma-Crawford told me, that Kansas doesn’t match
It’s got extra drugs you see, don’t fit categorically, hey hey

Jimson weed’s not on the schedules
It’s just a drug that Kansas says you can’t do
But it’s not under 802
Same with salvia too, it’s not defined by 802

Matter of Paulus it’s still alive
Since ‘65
The Board said it don’t apply
For paraphernalia
Now we’re back, seeking help, from the Court
Hope they take our two cents: The “drug trade” rule makes no sense
I’m feelin’ good ‘cause I read the three
Amicus briefs
To argue this we got Laramore
He knows the score
We can win, crim-imm, in the Court

‘Cause Alina Das told me, the categorical approach
Goes back for drugs a long long way (hee!)
And Chuck Roth told me, it’s not fair to prove, you see
“Realistic probability,” for a pro se detainee, hey hey

Jimson weed’s not on the schedules
It’s just a drug that Kansas says you can’t do
But it’s not under 802
Same with salvia too, it’s not defined by 802
Jimson weed’s not on the schedules

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Posted by César on January 15, 2015 on 4:00 am Leave a Comment
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court

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