Criminal Defense of Immigrants

The Act makes deportable a person “who is, or at any time after admission has been, a drug abuser or addict . . . .”[114]  This ground of deportation does not require a conviction.  Under this ground, a noncitizen, including a juvenile, is deportable if s/he is or was at any time after admission a drug abuser or addict, even if s/he is now in recovery.  The test of what is addiction or abuse is extremely broad and may include even casual and sporadic use of “soft” drugs.

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