Alien’s state misdemeanor conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. Sec. 1227(a)(2)(B)(i), requiring the removal of an alien "convicted of a violation of...any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21)."
The state statute he was convicted of violating proscribed possession of "drug paraphernalia," the only such item he was found to possess was the sock, and the immigration judge had no way of determining whether the substance concealed in his sock had been listed by the federal government under Sec. 802, because the state listed as controlled a number of substances not controlled under federal law.
Mellouli v. Lynch - filed June 1, 2015
Cite as 2015 S.O.S. 13-1034_3dq4
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