The Sixth Circuit has determined that Pennsylvania Consolidated Statutes, Title 35, § 780-113(a)(30) (possession with intent to deliver a controlled substance) is divisible with respect to the substance at issue. As such, the Immigration Court correctly reviewed the record of conviction to determine that the petitioner’s conviction involved marijuana, a substance regulated by the Controlled Substances Act.

The full text of Raja v. Sessions can be found here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0180p-06.pdf

Comment