CASTRO RODRIGUEZ

Citations

• 25 I. & N. Dec. 698

Syllabus

CASTRO RODRIGUEZ, 25 I&N Dec. 698 (BIA 2012) ID 3741 (PDF) An alien convicted of possession of marijuana with intent to distribute under State law has the burden to show that the offense is not an aggravated felony because it involved a \small amount of marihuana for no remuneration\ within the meaning of 21 U.S.C. § 841(b)(4) (2006), which the alien may establish by presenting evidence outside of the record of conviction. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008),clarified.