Bogle v. Garland

 An alien’s conditional discharge for his Georgia drug offense was a conviction under the Immigration and Nationality Act; it satisfied the requirements for situations in which an adjudication of guilt has been withheld because the conditional discharge required the alien to plead guilty to or be found guilty of possessing marijuana, and imposed probation. The personal-use exception of 8 U.S.C. §1227(a)(2)(B)(i) does not unambiguously direct courts to use the either the categorical approach or the circumstance-specific approach; the circumstance-specific approach permits a petitioner to be deported on the basis of circumstances that were not judicially determined to have been present and which he may not have had an opportunity, prior to conviction, to dispute, but the approach still requires fundamentally fair procedures and requires the government to prove that the quantity of marijuana exceeded thirty grams by clear and convincing evidence.

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