Counsel can argue that Matter of Eslamizar applies to civil violations for possession of marijuana as well as to crimes of moral turpitude. A civil violation arguably should not constitute a ground of inadmissibility because it would not be a crime in the jurisdiction where the conduct occurred. 22 CFR 40.21; Matter of K,7 I. & N. Dec. 594 (BIA 1957); Pazcoguin v. Radcliffe, 922 F.3d 1209 (9th Cir. 2002). The regulation only imposes this requirement for CMTs, but judicial decisions appear to extend it to other inadmissibility grounds as well. The government could argue the language of 237(a)(2)(B)(i) specifies a violation of any "law or regulation" relating to a controlled substance means it need not be a crime. However, regulations can create crimes, so counsel can still argue that the offense must still be considered a "crime" in order to trigger removability. Thanks to Jonathan Moore.

jurisdiction: 
0

 

TRANSLATE