Alvarado v. Holder

Courts of appeals was jurisdictionally barred from reviewing Board of Immigration Appeals decision, where alien failed to exhaust his administrative remedies in a removal proceeding before the board--including claim of intervening authority defining "attempted" possession of a dangerous drug. Defendant pled guilty to a modified count, attempted possession of an unspecified dangerous drug, the indictment failed to, by itself, meet the burden of proving removability because it did not establish that the conviction constituted a "controlled substance offense" under 8 U.S.C. Sec. 1227(a)(2)(B)(i). A statement of the factual basis for a guilty plea may be considered if specifically incorporated into the guilty plea or admitted by a defendant, and satisfy Sec. 1227(a)(2)(B)(i)--requiring the substance underlying a state law conviction for possession is one that is covered by Controlled Substances Act Sec. 102.
     Alvarado v. Holder - filed July 23, 2014
     Cite as 2014 S.O.S. 10-71236

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