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  • Joseph Caraccio

Possession of 400 Grams of Cocaine NOT an Aggravated Felony


Reposted from www.nyimmigration.org :

In an unpublished decision by the Board of Immigration Appeals (BIA) dated March 27,2015, the BIA came to the conclusion that a conviction under N.C. Gen. Stat. §90-95(h)(3) is not categorically an aggravated felony.

The Respondent's offense involved at least 400 grams of cocaine. The Government argued that possession of that large of a quanitity evidences an intent to sell. However, the statute of conviction does include an element requiring the sale of a controlled substance merely possession.

READ MORE AT NY IMMIGRATION LAW

Read the full decision HERE. (posted by Immigration and Refugee Appellate Center)