BIA Finds Pennsylvania Drug Trafficking Conviction Is a Particularly Serious Crime

The Board of Immigration Appeals has held that a Pennsylvania conviction for possession with intent to deliver a controlled substance was a particularly serious crime. The respondent, a transgender woman from Jamaica, had previously been granted asylum, and DHS appealed.

The Board found that the offense involved serious drug trafficking conduct, including a significant sentence and circumstances showing a large packaged quantity of marijuana and attempted concealment from police. The Board also denied CAT protection, finding that past harm was inflicted by private actors and that the respondent had not shown likely government acquiescence in future torture. The Board sustained DHS’s appeal and ordered removal to Jamaica.

The full text of Matter of G-L-C- can be found here: https://www.justice.gov/eoir/media/1449211/dl?inline

Ninth Circuit Finds that Idaho Conviction for Possession with Intent to Deliver is an Aggravated Felony

The Ninth Circuit has determined that Idaho conviction for possession with intent to deliver a controlled substance is an aggravated felony. First, the court determined the statute is divisible with respect to the identity of the drug. Second, the court found that Idaho’s mens rea requirement matches the federal requirements. Third, the court found that Idaho’s aiding and abetting liability is no broader than the federal counterpart.

The full text of Tellez-Ramirez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/11/29/22-1168.pdf