The Seventh Circuit has determined that an Illinois conviction for possession of more than 30 but less than 500 grams of marijuana with intent to deliver is not an aggravated felony. The court relied on the Supreme Court's decision in Moncrieffe, which determined that possession of a small amount of marijuana with intent to deliver for no remuneration is not an aggravated felony. In Moncrieffe, the Court discussed 30 grams of marijuana as a small amount. Given that the Illinois statute at issue criminalizes possession of slightly more than 30 grams with intent to deliver, the Seventh Circuit was unwilling to find that it necessarily involved a non-small amount of marijuana. Thus, the conviction is not an aggravated felony, and the Court remanded to determine if the petitioner's application for cancellation of removal should be granted as a matter of discretion.
The full text of Chen v. Sessions can be found here: