Immigration's Stance on Drug Paraphernailia
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By
Ricky
The Board did find that drug paraphernalia can render an alien inadmissible, but left open the possiblilty for a foreign national to seek a 212(h) waiver as the language of the waiver section only requires a "relating to" 30 grams or less of marijuana.
I disagree wth the Board's logic when it stated:
"The respondent’s last argument is that possessing drug paraphernalia cannot make him inadmissible because no Federal law forbids such conduct. (Footnote: Federal law makes it a felony for any person to “(1) sell or offer for sale drug paraphernalia; (2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or (3) to import or export drug paraphernalia.” 21 U.S.C. § 863(a) (2006). However, the simple possession and use of drug paraphernalia is not federally proscribed.) However, section 212(a)(2)(A)(i)(II) of the Act does not require that a State offense be punishable under Federal law in order to support a charge of inadmissibility."
This begs the question: How does an act that is not a crime under U.S. Federal Law make a person criminally deportable or inadmissible under U.S. Federal Immigration laws? I believe clarification is required in this area of ever chaning laws. Recent Court decisions in Lopez and Carrachuri warrant a reexamination of how drug paraphernalia should be treated.
The case below:
BIA on Drug Paraphernalia - Martinez Espinoza -
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