Mellouli v. Holder, Jr.

Petitioner, a citizen of Tunisia and a lawful permanent resident of the United States, petitioned for review of the BIA's order finding him removable because his July 2010 conviction for violating a Kansas drug paraphernalia statute was a conviction "relating to a controlled substance" within the meaning of 8 U.S.C. 1227(a)(2)(B)(i). The court denied the petition, concluding that the BIA correctly concluded that a conviction for violating the Kansas paraphernalia statute was, categorically, related to a controlled substance within the meaning of section 1227(a)(2)(B)(i) and use of the modified categorical approach as urged by petitioner was unnecessary; the court rejected petitioner's premise that Matter of Paulus was controlling agency authority the BIA arbitrarily ignored; and it was not error to admit and rely on evidence outside the record of conviction where the BIA concluded that the personal use exception did not apply. View "Mellouli v. Holder, Jr." on Justia Law