Criminal Defense of Immigrants


§ 21.18 (E)

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(E)  Drug Abuse or Addiction.  Conviction for first offense simple possession does not, by itself trigger either inadmissibility or deportability, since “experimentation” with drugs does not qualify as abuse or addiction.[158]  However, this ground does not require a conviction, and there may be other evidence, such as arrests and drug-treatment records that can show a noncitizen falls within this category.


[158] See § 21.10, supra.



Ninth Circuit

Pagayon v. Holder, 642 F.3d 122, 2011 WL 2508239 (9th Cir. Jun. 24, 2011) (per curiam) (California conviction of possession of a controlled substance, under Health & Safety Code 11377(a), constituted a controlled substances conviction, triggering deportation under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i), where respondents admission in removal proceedings he pleaded to guilty as charged established the drug involved as methamphetamine which was listed in federal drug schedules).