Friday, April 8, 2011

Non-LPR cancellation & possession of drug paraphernalia. Barma v. Holder (7th Cir., April 5, 2011)

Bd. did not err in finding that alien (native of Canada) was subject to removal based on his presence in US beyond his 6-month visa, and that alien did not qualify for cancellation of removal under 8 USC section 1182(a)(2) where alien had prior conviction on charge of possession of drug paraphernalia. Bd. could properly view prior conviction as one relating to controlled substance, which precluded any attempt by alien to cancel his removal, and Ct. rejected alien's claim that he was eligible to have said disqualifying offense waived under section 1182(h).

Petitioner, who has a conviction for possession of drug paraphernalia, appeals the agency’s determination that he was ineligible for Non-LPR Cancellation of Removal under 8 U.S.C. § 1229b(b)(1) on the grounds that he was convicted of a crime under 8 U.S.C. § 1182(a)(2).  Petitioner argues that he is eligible for a waiver under 8 U.S.C. § 1182(h) for his drug paraphernalia offense making him thus eligible for Non-LPR cancellation.  The Seventh Circuit affirmed the agency’s determination finding that the statutory provisions for Non-LPR cancellation expressly did not incorporate the waiver provision under 8 U.S.C. § 1182(h) in consideration of eligibility for Non-LPR cancellation.
Read the opinion here.
ROVNER, Easterbrook, Posner
http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=09-4135_002.pdf

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