Are you afraid that a drug crime (like sale or possession of a controlled substance) will cause you immigration problems? Are you in immigration court because of it? Is the government trying to deport you? You still may have a winning case. Recent decisions by the U.S. Supreme Court and federal appeals courts have repeated that a state crime, for example possession with intent to sell a drug like meth or cocaine, might not be a deportable offense. It all depends on what is called “categorical analysis,” a way of determining whether the state conviction is a prohibited “controlled substance offense” under the immigration laws. If the state offense is “broader,” that is, if it punishes more behavior than its federal counterpart, it is not “categorically” a deportable controlled substance crime. We’ve been making these arguments for years. Now, it helps that we’ve got recent Supreme Court cases, and even a few from the Fifth Circuit Court of Appeals, on our side. So don’t give up yet. Contact my office to set up a consultation. We may just find a way to keep you here!
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