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Crimes

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Controlled Substance Offenses

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Controlled substance convictions may be both a ground of inadmissibility and a ground of deportability. Exceptions and waivers are available to some noncitizens.
 

Possession of one ounce or less of marijuana while driving is a controlled substance violation under INA § 212(a)(2)(A)(i)(II) and the petty offense exception at INA § 212(a)(2)(A)(ii) does not apply to controlled substance violations.  The Ninth Circuit held that the petty offense exception is never available to § 240A(b) cancellation applicants.  Vasquez-Hernandez v. Holder, 590 F.3d 1053 (9th Cir.

 
 

Call us at 408.797.0000

Call us at 408.797.0000

Call us for a consultation at 408.797.0000. We offer expert services and proven experience with complex issues that others can overlook.

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The Olender Pro Bono Project

We represent some clients who have compelling cases and little money at no charge. Sean received the Benito Juarez human rights award in 2008 and the ALRP Volunteer Award in 2012 for taking more than 10 pro bono cases in 12 months. We need volunteers. E-mail Debbie to volunteer.

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