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Immigration, Drug Crimes, and Deportation

December 23, 2016 by Lynn Olinger

Immigration Problems and Drug CrimesAre 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!

Filed Under: Enforcement, immigration, Immigration & Crimes, Immigration Court, Immigration Detention

Lynn S. Olinger

Lynn S. Olinger

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