Criminal Defense of Immigrants

The “Reason to Believe” ground of inadmissibility[35] states:

            Any alien who the consular officer or the Attorney General knows or has reason to believe—

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so . . . is inadmissible.[36]

Another ground of inadmissibility applies to certain family members of noncitizens the DHS has reason to believe have engaged in drug trafficking.  See § 21.7, infra.  For special considerations affecting juvenile clients facing this ground of inadmissibility, see § 12.34, supra.

[35] INA § 212(a)(2)(C)(i), 8 U.S.C. § 1182(a)(2)(C)(i).

[36] Ninth Circuit has rejected a void-for-vagueness challenge of this ground, as applied to the respondent in that case.  Rojas-Garcia v Ashcroft, 339 F.3d 814 (9th Cir. 2003).