Criminal Defense of Immigrants


§ 21.27 (C)

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(C)  Reason to Believe.  Because manufacture and cultivation may be committed for personal use, such offense (especially if a small amount is involved) does not necessarily give the DHS reason to believe the noncitizen is a drug trafficker.[246]

[246] Cf. Wilson v. Ashcroft, 350 F.3d 377 (3d Cir. Nov. 26, 2003) (New Jersey conviction for possession with intent to distribute more than one ounce (28.5 grams) of marijuana, in violation of N.J. Stat. Ann. § 2C:35-5b(11), may have failed to give the INS reason to believe the defendant had been a drug trafficker, triggering inadmissibility under INA § 237(a)(2)(C)(i)), 8 U.S.C. § 1227(a)(2)(C)(i)); Gerbier v. Holmes, 280 F.3d 297 (3d Cir. Feb. 8, 2002) (distribution does not necessarily imply drug trafficking, since offense may not require an element of trading or dealing).  See also § 21.6, supra.