The Board of Immigration Appeals (BIA) recently issued a ruling regarding a permanent resident in removal proceedings who had been convicted of possession of marijuana with intent to distribute under a state law. Although the state law conviction was a misdemeanor, the U.S. government charged him with having committed an aggravated felony under federal law.
At issue in the case is whether the respondent qualifies under a federal exception to the aggravated felony determination if the crime involved a small amount of marijuana for no remuneration, or payment.
The BIA ruled that the respondent must show that he qualifies for the exception, and that he may present evidence outside of the record of conviction to establish that the crime involved a small amount of marijuana and no payment. Examples of such evidence could include police reports and crime lab reports.
Although the BIA did not rule specifically on the quantity of marijuana that would qualify as a “small amount,” the Board indicated that 30 grams or less could generally be considered as a “useful guidepost in determining whether an amount is ‘small.'”
Access the decision here: Matter of Wilmer Rodrigo CASTRO RODRIGUEZ, Respondent