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· 7/1/2007

MONCADA

Citations

  • 24 I. & N. Dec. 62

Syllabus

MONCADA, 24 I&N Dec. 62 (BIA 2007) ID 3549 (PDF) The exception to deportability under section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2000), for an alien convicted of possessing 30 grams or less of marijuana for his own use does not apply to an alien convicted under a statute that has an element requiring that possession of the marijuana be in a prison or other correctional setting.

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