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Immigration Analysis Required for Violation of State Drug Statute

Matter of NAVARRO GUADARRAMA

27 I&N Dec. 560 (BIA 2019)

Where an alien has been convicted of violating a State drug statute that includes a controlled substance that is not on the Federal controlled substances schedules, he or she must establish a realistic probability that the State would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction. Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), reaffirmed.

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