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EOIR-42A Case w/Aggravated Felony and Possession of Controlled Substance

One of our more challenging assignments came from an attorney in the 7th Circuit. He wanted a brief that argued that his lawful permanent resident (LPR) client’s felony offense of possession of cannabis (30-500 grams) did not constitute an aggravated felony under the INA. After hours of research, we found enough support in case law to argue that although Respondent’s conviction was listed as a felony within the state of residence, such conviction was not classified as an aggravated felony under the immigration law. We located a couple of case law examples from Respondent’s own circuit (7th) which stated that although alien’s possession of controlled substance exceeded the 30-gram limit, it can still fall within the “ambit of personal use.” Using this legal research, we wrote a very persuasive pre-hearing brief for the Immigration Judge. The LPR was not ordered removed and was granted the sought relief (EOIR-42A).

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