In the Matter of J.D.-R.

January 2, 2016

IRLI, on behalf of its client the Federation for American Immigration Reform (FAIR), submitted a friend-of-the-court brief (attached hereat the request of the Board of Immigration Appeals (BIA) to address whether single possession drug offenses should be looked at on a circumstance specific manner or whether the BIA should determine the offense using a categorical approach. IRLI determined that such offenses should be decided on a circumstance specific basis rather than categorically. This exception is clearly written into the Immigration and Nationality Act and therefore the categorical approach does not apply as it would for other offenses. Application of the exception requires an analysis of the intent of the violator as well as the quantity of the drug involved. Because analysis requires such fact specific information, the categorical approach is inappropriate.

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