Criminal Defense of Immigrants

(A)  Controlled Substances Offense.  Transportation, like simple possession, is a controlled substances offense for purposes of both inadmissibility and deportation.[196]  Counsel could attempt to argue that “transportation” for personal use is equivalent to “possession,” for personal use, and therefore a conviction of transportation of less than 30 grams of marijuana qualifies for the first-time possession of less than 30 grams of marijuana exception.[197]

[196] Peters v. Ashcroft, 383 F.3d 302 (5th Cir. Aug. 27, 2004) (Arizona solicitation to transport for sale conviction found “related to” a controlled substance offense, rendering noncitizen deportable under INA § 237(a)(2)(B)(i)).  See § 21.4, infra.

[197] See § 21.35, infra.