A plea to "offering to transport" a controlled substance is not an immigration safe plea outside the Ninth Circuit. See, Matter of Beltran, 20 I. & N. Dec. 521 (BIA 1992). A person pleading guilty to a California offer to transport offense today could: 1. move to another state; 2. travel outside the country and returns at a non-9th Circuit port of entry; 3. continue to live within the 9th Circuit, but get detained outside the 9th circuit.      If any of the above were to take place, there would be problems. However, one may argue that if an Immigration Judge in the Ninth Circuit terminated proceedings upon finding such a conviction was not an aggravated felony or controlled substance offense, that decision should be binding on the immigration authorities, as applied to that person, regardless of the persons location.

jurisdiction: 
BIA

 

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