United States Second Circuit

Vacated an administrative decision ordering an undocumented immigrant removed from the United States. The Board of Immigration Appeals had found that the immigrant was ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an aggravated felony under the Immigration and Nationality Act. On appeal, the Second Circuit agreed with the immigrant that his offense was not categorically an aggravated felony, and therefore vacated and remanded the Board's decision.

Appellate Information

• Published 2018/07/20

Judges

• Jacobs

Court

• United States Second Circuit

Counsel