Tuesday, August 19, 2014
On June 30, the U.S. Supreme Court granted certiorari in Mellouli v. Holder. The issue presented by the case is whether, to trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), which provides that a noncitizen may be removed if he has been convicted of violating “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) . . . ,” the government must prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act.
The Eighth Circuit denied the petition to review the Board of Immigration Appeals's removal order.