Criminal Defense of Immigrants

This ground has the following elements:

(1)  a conviction of an offense

(2)  after admission

(3)  of any state, federal, or foreign law

(4)  relating to

(5)  a controlled substance, as defined in 21 U.S.C. § 802.[144]

If the government cannot prove by clear and convincing evidence that each of these elements exists, the noncitizen is not deportable under this ground.  See § 17.9, supra.  For a detailed discussion of this ground, see § 21.13, infra. 

[144] INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227 (a)(2)(B)(i).