IRLI Swats Down Criminal Alien’s Plea
Ensuring the safety and security of our communities
WASHINGTON—The Immigration Reform Law Institute (IRLI) today filed a friend-of-the-court brief in a case before the Board of Immigration Appeals (BIA) in which an alien who is a convicted drug offender is trying to stay in the country on a technicality. The decision he is asking the BIA to make would enable many other criminal aliens like himself to escape removal from the United States.
The alien was convicted of violating Florida law by possessing cocaine. On appeal, the alien argues that because Florida’s possession statute is slightly broader in what it lists as a controlled substance than the federal schedule of controlled substances, he did not commit a crime “related to” a federal controlled substance, and thus should not forfeit his eligibility for cancellation of removal under federal immigration law.
In its brief, IRLI argues that the Florida and federal schedules are so similar when it comes to cocaine and like substances that the alien has to show that any difference is more than theoretical, and that Florida actually has prosecuted people for possessing a rare kind of substance that may not be on the federal schedule. Because of the close chemical similarity between cocaine and another compound whose derivatives are on the federal schedule, IRLI contends, such a showing is unlikely.
“Attorneys for criminal aliens naturally will try to exploit any loophole in the law they can to help their clients,” said Dale L. Wilcox, IRLI’s executive director and general counsel. “But over time, the loopholes widen and the law gets distorted from the constant pressure. The last thing we need in this country is more criminal aliens,” Wilcox went on. “Somebody has to be there, in case after case, to apply counter pressure so that the law works as Congress intended, and criminal aliens get removed.”
The case is Amicus Invitation No. 18-02-27 (BIA).
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