Najera-Rodriguez v. Barr

Najera-Rodriguez, a 30-year-old lawful permanent resident, moved from Mexico to the U.S. when he was 10 years old. In 2016, based on possession of Xanax pills without a prescription, he pleaded guilty to unlawful possession of a controlled substance and was sentenced to two years of probation, community service, alcohol and drug treatment, educational requirements, and court fines. In removal proceedings under 8 U.S.C. 1227(a)(2)(B)(i), Najera-Rodriguez argued that his Illinois conviction under 720 ILCS 570/402(c) did not qualify as a conviction under a law “relating to a controlled substance” as defined in under 21 U.S.C. 802. Both the immigration judge and the BIA ruled against him and ordered him removed. The Seventh Circuit vacated the removal order. The Illinois law covers many different substances, some of which are not included in the federal law, and many types of conduct; it is not “divisible” for purposes of applying the “modified categorical approach,” so Najera-Rodriguez’s conviction does not render him removable. View "Najera-Rodriguez v. Barr" on Justia Law