United States Fourth Circuit

A Peruvian citizen's petition for review of the denial of his 8 U.S.C. section 1182(h) waiver, claiming that the BIA erred in concluding that a 1997 adjudication under Virginia Code section 18.2-251 for possession of marijuana qualifies as a "conviction" under 8 U.S.C. section 1101(a)(48)(A), is granted and remanded as, Congress listed five situations in section 1101(a)(48)(A)(i) that constitute a sufficient finding of guilt to ensure that an alien engaged in criminal behavior, and here, petitioner's adjudication under the Virginia deferral statute does not satisfy any of these conditions.

Appellate Information

• Argued 10/28/2010
• Decided 01/11/2011
• Published 01/11/2011

Judges

• SHEDD

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Dree Kristin Collopy, James Eugene Grimes, Jr.