Criminal Defense of Immigrants

(A)  In General.  A noncitizen is deportable for one conviction after admission of a violation of, or conspiracy or attempt to violate, any state, federal, or foreign law relating to a controlled substance, as defined in 21 U.S.C. § 802, other than a single offense involving possession for one’s own use of 30 grams or less of marijuana.[105] 

This ground has the following elements:

(1)      a conviction for violation

(2)      or conspiracy or attempt to violate

(3)      any law or regulation

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

(5)  relating to

(6)  a controlled substance, as defined in 21 U.S.C. § 802. [106]

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. 

The Ninth Circuit, and others, have found that a conviction for a nonsubstantive offense other than attempt or conspiracy does not trigger this ground of inadmissibility.  See § 21.32, infra.

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

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