Criminal Defense of Immigrants


§ 21.20 (C)

Skip to § 21.

For more text, click "Next Page>"

(C)  “Reason to Believe.”  An offense must involve drug trafficking under these grounds.  Since simple possession, even as a second offense, does not involve drug trafficking, a second simple possession conviction should have no effect.  However, this is a conduct based ground, and the noncitizen may be inadmissible if s/he in fact engaged in drug trafficking, even if there is no trafficking conviction.[167]


[167] See § 21.6, supra.



Seventh Circuit

United States v. Pacheco-Diaz, __ F.3d __, 2007 WL 3071682 (7th Cir. Oct. 23, 2007) (Illinois conviction for felony simple possession of marijuana, in violation of 720 ILCS 550/4, is an aggravated felony for sentencing purposes where noncitizen has prior possession conviction; court rejected argument that state court must have proven prior conviction as an element of the second conviction, finding that it only needs to be hypothetically possible that the noncitizen could have been subject to the federal recidivist enhancement).