Criminal Defense of Immigrants

The controlled substances grounds of removal apply to violations of law “relating to” a controlled substance.[280]  The courts generally construe the “relating to” language to broaden the grounds of removal to include offenses that may not be strictly considered controlled substances offenses.  However, the courts have put some limits on how broadly this language can be read.  See § 16.36, supra.  Note that while some sections of the aggravated felony definition also use the “related to” language,[281] the aggravated felony drug trafficking ground does not. 

[280] See INA § § 212(a)(2)(A)(i)(II), 237(a)(2)(B), 8 U.S.C. § § 1182(a)(2)(A)(i)(II), 1227(a)(2)(B).

[281] See also § 16.36, supra.