Esquivel v. Lynch

Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's affirmance of the IJ's conclusion that he was ineligible for cancellation of removal and order of removal. At issue was whether the BIA erred in determining that petitioner's 2003 conviction for possession of marijuana in a drug-free zone rendered him removable under 8 U.S.C. 1227(a)(2)(B)(i). In this case, the court found that petitioner presented evidence, and the government has not disputed, that his 2003 conviction was his first; it was for possession for his own use, not for distribution; and he possessed 4.6 grams of marijuana. Therefore, the court granted the petition because petitioner's 2003 conviction satisfies the personal-use exception as Congress wrote it, and because the BIA’s decision under review identified no other ground for holding him ineligible for cancellation of removal. View "Esquivel v. Lynch" on Justia Law