Friday, February 7, 2014
From Michael Mehr:
The BIA has requested the American Immigration Lawyers Association (AILA) to file supplemental briefing in a pending case. One of the issues that the BIA has asked AILA to brief is "whether, in fact Federal controlled substance schedules are narrower than the [California] State statute...." The BIA in a prior unpub. decision found there was a match based on questionable reasoning. The AILA Amicus Committee has advised that they believe that California attorneys should take the lead in arguing that the California statute is broader than the Federal list of controlled substances. The AILA Amicus Committee does not have funds to help pay an expert and are volunteering their time.
As a member of an ad hoc steering committee of California AILA attorneys working on this issue, I am asking that you help contribute to pay for a forensic expert that we desperately need to help us on an amicus brief. We have an author for the amicus, but she will not write the brief without the help of a forensic expert. A forensic expert is needed because the issue is not as simple as just comparing the Federal list to the State list since the Federal list includes a catch-all phrase prohibiting (without authorization) the use of "any drug or hormonal substance chemically and pharmacologically related to testosterone...." One of the questions is whether certain CA drugs fall under this catch-all phrase. There are other equally complex issues. This requires the help of a forensic expert.
PLEASE IMMEDIATELY CONTRIBUTE WHATEVER YOU CAN SO THAT WE CAN PAY A FORENSIC EXPERT. WE NEED AT LEAST $5,000.
If it is determined that the State list of controlled substances is not broader than the Federal list we will never again be able to argue this issue.
Motions to Terminate removal proceedings can be filed in CA because there is a strong argument that the name of the drug is not an element of the offense but simply a means of offending the statute. Some of us have already filed Motions to Terminate in Immigration Court making this argument. If you have a client who will benefit by a positive BIA decision, ask for a contribution from your client and send it from your office to us.
ICE will have all the expert help they need for free in support of their position. We need to join forces to make a difference. Don't wait! Contribute now!
Click here to donate.
Mike Mehr on behalf of Ad Hoc Committee of California AILA Attorneys to Defend Matter of Paulus/Ruiz-Vidal.