President Biden announced a sweeping pardon of some marijuana drug offenders this week that promises to accelerate conversations about reforming drug laws. Through a Presidential Proclamation issued October 6, 2022, Biden pardoned all U.S. citizens and lawful permanent residents convicted of simple possession of marijuana under federal law or under the laws of Washington, DC. Let me walk through some of the immigration law effects of the president’s bold action. First, Biden should be commended for pardoning some drug offenders. There aren’t too many people convicted of simple possession of [...]
With DACA’s demise, renewed focus on Dream Act of 2017
After this week’s announcement by Attorney General Jeff Sessions that the Trump administration has decided to end the Deferred Action for Childhood Arrivals (DACA) program, congressional attention quickly turned to possible legislative responses. A growing bipartisan list of members of Congress have indicated their support for the Dream Act of 2017, the latest version of the well-known proposal to provide a legalization route for young people who came to the United States without authorization. Introduced by Senators Richard Durbin (D-Illinois) and Linsey Graham (R-South Carolina) in July, [...]
Dream Act of 2017 crime bars
With much fanfare, Senators Richard Durbin (D-Illinois) and Linsey Graham (R-South Carolina) introduced a revamped version of the Dream Act yesterday. White House officials have already said that the president is unlikely to support it. But with a president who shifts positions constantly, it’s worth taking seriously the prospect that the Dream Act of 2017, S. 1615, moves forward. As with the earlier version of the Dream Act that came a handful of votes away from landing on President Obama’s desk and with DACA, the Dream Act of 2017 would exclude people who have encountered the criminal [...]
California Supreme Court decision opens breathing room for migrants, alters typical political lineup
Last week, the California Supreme Court issued an important decision expanding the ability of migrants given poor advice about the immigration consequences of a conviction to obtain relief. In People v. Patterson, No. S225193, slip op. (Cal. March 27, 2017), the court unanimously held that a migrant isn’t barred from withdrawing a guilty plea that results in mandatory immigration detention and deportability simply because the plea form stated that conviction “may” result in adverse immigration consequences. Pursuant to Cal. Penal Code § 1016.5, all defendants are provided this generic [...]
5 Cir rejects BIA’s limitations on marijuana personal use exception
The U.S. Court of Appeals for the Fifth Circuit recently pushed back against the BIA’s efforts to expand the range of low-level drug offenses that can result in removal. In Flores Esquivel v. Lynch, No. 13-60326 (5th Cir. October 1, 2015), a divided panel of the Fifth Circuit took issue with the Board’s narrow construction of a key exception to the controlled substance offense basis of deportation. This case involved an LPR convicted of two misdemeanor possession of marijuana crimes in Texas: one in 2003 and the other in 2011. The first consisted of getting caught as an 18-year-old with a [...]
9 Cir: Shifts longstanding drug paraphernalia case law to follow Supreme Court
The U.S. Court of Appeals for the Ninth Circuit recently held that a drug paraphernalia conviction constitutes a controlled substance offense only if the conviction involved a substance criminalized by federal drug laws. Madrigal-Barcenas v. Lynch, No. 10-72049, slip op. (9th Cir. August 10, 2015). In doing so, the Ninth Circuit adjusted a robust body of case law to conform with the U.S. Supreme Court’s decision in Mellouli v. Lynch, 135 S. Ct. 2828 (2015), a case that I and a team of guest bloggers covered in detail on crImmigration.com. This case involved a migrant convicted of possession [...]
Litigating Mellouli: Adventures in Team Whack-a-Mole
By Kate Evans In Mellouli v. Lynch, the Supreme Court reached what may now look like an inevitable result when, for the fourth time in a decade, it rejected an attempt by the government to deport a lawful permanent resident for a minor drug offense using the categorical approach. But the case did not start out that way. Rather, the straightforward requirement that “the Government must connect an element of the alien’s conviction” to a federally controlled substance, slip op. at 14, came only as the result of a far-reaching collaboration to winnow down the case. Editor's Note: This essay is [...]
High Court Finds Government a Four-Time Loser
By Sejal Zota In Mellouli v. Lynch, No. 13-1034, slip op. (June 1, 2015), the Supreme Court returned a measure of sanity to the government’s deportation rules. For the fourth time in a decade the Supreme Court overwhelmingly rejected the government’s use of the nation's immigration laws to deport an individual with a minor drug conviction. Unfortunately, thousands of families were already separated from their spouses, children, parents, and siblings by the time our high court could intervene. Editor's Note: This essay is part of an online symposium about Mellouli on crImmigration.com [...]
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