Legal Opinion

KANEDA

Board of Immigration Appeals

Decided July 1, 1979No. ID 2689PublishedCited by 16 opinions

1Opinion of the Court

Interim Decision #2689 MATTER OF KANEDA In Deportation Proceedings A-22205731 Decided by Board February 28, 1979 (1) Virginia Code Section 18.2-251 is a counterpart to the Federal First Offender Statute, 21 U.S.C. 844(b)(1); and a marihuana charge dismissed pursuant to such a statute may not be used as a basis for deportability under section 241(a)(11) of the Immigration and Nationality Act, 8 U.S.C. 1251(a)(11). (2) The test for whether a state statute constitutes a counterpart to the Federal First Offender Statute is whether it complies with the Congressional intent to give an offender a…

2Cases cited6 opinions

  1. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  2. Barber v. GonzalesSupreme Court of the United States · 1954
  3. Shaheen Rehman v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
  4. ZINGISBoard of Immigration Appeals · 1974
  5. O'SULLIVANBoard of Immigration Appeals · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Mohammed Salim Ali v. U.S. Atty. GeneralCourt of Appeals for the Eleventh Circuit · 2006
  2. OZKOKBoard of Immigration Appeals · 1988
  3. ROLDANBoard of Immigration Appeals · 1999
  4. Roberta Charmaine Garberding v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  5. Jose E. Sandoval v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2001

11 more not listed; retrieve them via the Exa API.

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