The Fifth Circuit denied a petition for review of the the BIA’s decision affirming the IJ’s determination that petitioner was removable because she was convicted of a drug offense. Petitioner argued that she was not removable because she was convicted for possessing a small amount of marijuana for personal use. The court held that the BIA’s interpretation of 8 U.S.C. 1227(a)(2)(B)(i)’s personal-use exception was reasonable. Applying the BIA’s circumstances-specific approach, the court held that petitioner’s conviction did not fall within the personal-use exception. In this case, substantial evidence supported the BIA’s findings that petitioner possessed 54.6 pounds of marijuana—substantially more than the personal-use exception’s 30-gram threshold.
Read the full opinion HERE.
Consult an Experienced Texas Criminal Defense Attorney
If you are facing criminal charges you should consult a seasoned Texas criminal defense attorney to assess your available options and defenses. Rick Davis is a proficient criminal defense attorney who will aggressively advocate on your behalf to help you obtain a favorable outcome under the facts of your case. Contact him at (979) 701-2888 or through the online form to schedule a meeting.