Safe Havens

Solicitation or offer to commit certain drug offenses, such as offer to transport a controlled substance, should be considered a safe haven at least within the Ninth Circuit.  Given an adverse Fifth Circuit and Board of Immigration Appeals decision, however, this argument may not work outside the Ninth Circuit unless another circuit overrules the BIA on this point.[83]

[83] See, e.g., Peters v. Ashcroft, 383 F.3d 302 (5th Cir. Aug. 27, 2004) (state conviction of felony solicitation to transport marijuana for sale is controlled substances conviction for deportation purposes, depriving court of appeals of jurisdiction over petition for review challenging removal order), following Matter of Beltran, 20 I. & N. Dec. 521 (BIA 1992).