crimmigration.com

The intersection of criminal law and immigration law

Archive

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

2 Cir: NY sale of controlled substance is aggravated felony

The U.S. Court of Appeals for the Second Circuit held that a conviction under New York law for sale of a controlled substance is categorically an illicit trafficking in a controlled substance type of aggravated felony even though the conviction merely involved an attempt to sell. Pascual v. Holder, No. 12-2798, slip op. (2nd Cir. July 9, 2013) (Jacobs, Kearse, and Carney, JJ.) (per curiam). This case involved an individual who was convicted of violating New York Penal Law § 220.39, sale of a controlled substance, and on that basis ordered removed by an IJ. The BIA affirmed. In an earlier [...]

11 Cir: FL possession of cannabis with intent to sell or deliver isn’t drug trafficking aggravated felony

The U.S. Court of Appeals for the Eleventh Circuit held that a Florida conviction for possession of cannabis with the intent to sell or deliver, Fla. Stat. § 893.13(1)(a)(2), is not a drug trafficking type of aggravated felony. Donawa v. U.S. Attorney General, No. 12-13526, slip op. (11th Cir. Nov. 7, 2013) (Martin, Jordan, and Suhrheinrich, JJ.). Judge Martin wrote the panel’s decision. Michael Vastine, a professor at St. Thomas University School of Law and past guest blogger on crImmigration.com, successfully argued on Mr. Donawa’s behalf. This case involved an LPR convicted of the [...]

IJ: Not all drug convictions are controlled substance offenses

An immigration judge in New York recently concluded that a state conviction from possession of a controlled substance isn’t a controlled substance offense for immigration law purposes. Matter of Nunez, slip op. (NY Imm. Court September 20, 2013) (Segal, IJ). The IJ therefore dismissed the removal proceedings. This case involved an LPR convicted of criminal possession of a controlled substance in the seventh degree, N.Y. Penal Code § 220.03. DHS claimed that this conviction rendered him removable for having been convicted of a controlled substance offense (CSO) under INA § 237(a)(2)(B)(i). The [...]

4th Cir: Can’t use modified categorical approach to examine alternative prongs of a single element

By Matthew Meyers In 2009, Thomas Royal was convicted of unlawful possession of ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1).  At sentencing, the trial court found that Royal was an armed career criminal, as defined by the Armed Career Criminal Act (“ACCA”).  This finding triggered a minimum sentence of fifteen years.  On appeal, the Fourth Circuit reversed his sentence.  The court held that, in light of the recent Supreme Court decision Descampsv. United States, 133 S. Ct. 2276 (2013), the district court had misapplied the ACCA.  Royal also appealed his conviction because [...]