Raja v. Sessions

Raja, a citizen of Pakistan, first entered the U.S. in 1990 without inspection. In 1996, Raja pleaded guilty to possession with intent to deliver a controlled substance and was sentenced to three-23.5 months’ imprisonment. He served 90 days in a Pennsylvania prison. Nonetheless, in 1998, Raja was granted lawful-permanent-resident status. In 2007, Raja traveled to Pakistan to visit his family. Upon his return, he was detained after officials discovered his conviction. Raja admitted to the conviction and to providing a fraudulent Social Security number to the officers at the time of his 1995 arrest. The government initiated removal proceedings under 8 U.S.C. 1182(a)(2)(A)(i)(II). An IJ found Raja removable for a controlled-substance offense and ineligible for a waiver of inadmissibility because he had never lawfully adjusted to lawful-permanent-resident status due to his prior conviction. The BIA dismissed Raja’s appeal. The Sixth Circuit denied relief, finding the Pennsylvania statute under which Raja was convicted divisible; the portion of the statute under which he was charged is a categorical match to 21 U.S.C. 1182(a)(2)(A)(i)(II) and is a controlled substance offense under 8 U.S.C. 1182(a)(2)(A)(i)(II) under the “modified categorical approach.” View "Raja v. Sessions" on Justia Law