He pleaded guilty only to violating a Kansas statute prohibiting possession of drug paraphernalia — the paraphernalia being his sock. 1994), Supreme Court of Delaware, case facts, key issues, and holdings and reasonings online today. Ibid. .

That Congress, in this provision, required only that a law relate to a federally controlled substance, as opposed to involve such a substance, suggests that it understood “relating to” as having its ordinary and expansive meaning. See supra, at 3–4. .

If not, you may need to refresh the page. as peyote, controlled only under California law. Full Calendar any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21).” Section 802, in turn, limits the term “controlled substance” to a “drug or other substance” included in one of five federal schedules. The BIA, however, announced and applied a different approach to drug-paraphernalia offenses (as distinguished from drug possession and distribution offenses) in Matter of Martinez Espinoza, 25 I. 9  The dissent maintains that it is simply following “the statutory text.” Post, at 1. 257, 295 (2012). The Court reverses the decision of the United States Court of Appeals for the Eighth Circuit on the ground that it misapplied the federal removal statute. Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

All rights reserved. See Das, supra, at 1737–1738.5, The categorical approach has been applied routinely to assess whether a state drug conviction triggers removal under the immigration statute. Mellouli case may be ending (Lyle Denniston) Court saves Mellouli's fate for itself (Lyle Denniston) The "sock removal" case continues: Mellouli v. Lynch and compliance with the Court’s mandate (Kevin Johnson) A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh)

Mellouli pleaded guilty to the possession of drug paraphernalia, a misdemeanor offense under state law. The categorical approach “has a long pedigree in our Nation’s immigration law.” Id., at ___ (slip op., at 6). No contracts or commitments. In interpreting successive versions of the removal statute, the BIA inquired whether the state statute under which the alien was convicted covered federally controlled substances and not others. The BIA, however, announced and applied a different approach to drug-paraphernalia offenses (as distinguished from drug possession and distribution offenses) in Matter of Martinez Espinoza,25 I. It is evident, however, that the dissent shrinks to the vanishing point the words “as defined in [§802].” If §1227(a)(2)(B)(i) stopped with the words “relating to a controlled substance,” the dissent would make sense.

32 (quoting Martinez Espinoza, 25 I. any law or regulation of a state, the United States, or a foreign country related to a controlled substance.". Ann. Hi there, would you like to get such a paper? 202, 42 Stat. to Pet. . 21 U. S. C. §802(6). Tr. See, e.g., Russello v. United States, 464 U. S. 16, 23 (1983). The state law involved in Mellouli's conviction, therefore, like the California statute in Paulus,was not confined to federally controlled substances; it required no proof by the prosecutor that Mellouli used his sock to conceal a substance listed under § 802, as opposed to a substance controlled only under Kansas law. Supp. Construction of §1227(a)(2)(B)(i) must be faithful to the text, which limits the meaning of “controlled substance,” for removal purposes, to the substances controlled under §802. & N. Dec. 274, while convictions for paraphernalia possession, an offense less grave than drug possession and distribution, trigger removal whether or not they necessarily implicate a federally controlled substance, see Martinez Espinoza, 25 I. The Board of Immigration Appeals (BIA) affirmed and held that possession of drug paraphernalia involves drug trade in general, which is "related to a controlled substance," and therefore Mellouli's conviction met the criteria required by the INA. Here, the “structure of the statute and its other provisions” indicate that Congress understood this phrase to sweep quite broadly. Mellouli v. Lynch In 2015, the Supreme Court decided Mellouli v. Lynch, holding that a misdemeanor Kansas conviction for drug paraphernalia possession did not constitute an offense “relating to a controlled substance” because the Kansas drug schedule included at least nine substances that were not on the Federal schedule. . The law certainly “relat[es] to a controlled substance (as defined in section 802 of title 21)” because it prohibits conduct involving controlled substances falling within the federal definition in § 802. Aliens And Nationality — Immigration And Nationality — Immigration — Inspection, Apprehension, Examination, Exclusion, And Removal — Deportable Aliens, Food And Drugs — Drug Abuse Prevention And Control — Control And Enforcement — Introductory Provisions — Definitions, Food And Drugs — Drug Abuse Prevention And Control — Control And Enforcement — Offenses And Penalties — Drug Paraphernalia, Aliens And Nationality — Immigration And Nationality — General Provisions — Definitions, Aliens And Nationality — Immigration And Nationality — Immigration — Miscellaneous — Powers Of Immigration Officers And Employees. 8th Circuit has been returned. Under the Paulus analysis, Mellouli would not be deportable. Order further extending time to file response to petition to and including May 14, 2014. But does the Kansas law relate to a controlled substance as defined in 21 USC Section 802.

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