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BIA Say Possession of 400 Grams of Cocaine is NOT an Aggravated Felony

This unpublished, non-precedential decision from the Board of Immigration Appeals seemed noteworthy. I had to reread the headline about four times assuming that it could not possibly be true.

The BIA concluded that the Respondent was not convicted of an aggravated felony based on his conviction for possession of 400 grams of cocaine (nearly a 1/2 a kilo or about $40,000 street value*).

In an unpublished decision by the Board of Immigration Appeals (BIA) dated March 27, 2015, the BIA came to the conclusion that a conviction under N.C. Gen.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.

photos of 5 grams of cocaine, 10 grams, 30 grams, and 50 grams of cocaine
To help you visualize.

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

Read the full decision HERE.


* For perspective, this is what 400 grams of cocaine looks like.

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