During the last few years, many federal courts have set their sites on Florida statutes that regulate controlled substances. The U.S. Supreme Court, U.S. Court of Appeals for the Eleventh Circuit and Board of Immigration Appeals have all handed down decisions that have a direct effect on the immigration consequences of convictions in Florida for a variety of controlled substance offenses.
In this second part of my multi-part blog, I will analyze two decision from the Board of Immigration Appeals, one published and one not, that provide a great guide for removability as it relates to Fla. Stat. § 893.13(1), sale, manufacture, delivery, and possession with intent to sell, manufacture or deliver a controlled substance, and § 893.135, trafficking in a controlled substance.
If you remember from my first blog in this series, the U.S. Court of Appeals for the Eleventh Circuit in the Donawa decision left open the possibility that a conviction for sale, manufacture, delivery, possession with intent or trafficking could still be an aggravated felony. The Board of Immigration Appeals answered that question in Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014). The Board went even further in limiting the negative immigration consequences for a conviction under §§ 893.13(1) and 893.135 in an unpublished case known as Matter of M-B-, (BIA Sept 25, 2014).