United States Second Circuit

Petitions for review of decisions canceling removal are granted and orders of the Board of Immigration Appeals are vacated where: 1) a second conviction for simple controlled substance possession under state law is not a felony under the Controlled Substances Act because the offense of conviction did not proscribe conduct punishable as a felony as it did not correspond in any meaningful way with the federal crime of recidivist possession even if it could have been prosecuted in state court as a recidivist offense; and 2) the decision in US v. Simpson did not hold to the contrary.

Appellate Information

• Decided 11/14/2008
• Published 11/14/2008

Judges

Court

• United States Second Circuit

Counsel