United States Fourth Circuit

Plaintiff's order of removal is reversed where his possession of khat, a plant whose leaves are chewed as a stimulant, is not a criminal offense since khat is not a controlled substance.

Appellate Information

• Decided 01/31/2005
• Published 01/31/2005

Judges

• Before MICHAEL and DUNCAN, Circuit Judges, and Roger W. TITUS, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Sidney Leighton Moore, III, Atlanta, Georgia, for Petitioner.  Jonathan F. Cohn, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent. ON BRIEF:  Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Jennifer Paisner, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.