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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 [...]

Posted by César on November 17, 2015 on 4:00 am Leave a Comment
Filed Under: 5th Circuit Court of Appeals, cancellation of removal, controlled substance offense, personal use exception

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