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Legal Opinion

POON

Board of Immigration Appeals

Decided July 1, 1980No. ID 2786PublishedCited by 1 opinion

1Opinion of the Court

Interim Decision #2786 MATTER OF POON In Deportation Proceedings A-22196991 Decided by Board March 13, 1980 (1) Possessory offenses under the Dangerous Drugs Ordinance of Hong Kong are not offenses of strict liability, but carry the requirement of mens rea. Compare Matter of Davis,

16 I&N Dec. 748

(BIA 1979); Lennon v. INS, 527 F2d 187 (2 Cir. 1975). (2) Section 8(1)(a) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong, does not impose strict liability for the possession of morphine or opium and a conviction under that section does result in excludability under section 212(a)(23)…

2Cases cited6 opinions

  1. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  2. John Winston Ono Lennon v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1975
  3. Mario Pasquini v. United States Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1977
  4. AWADHBoard of Immigration Appeals · 1976
  5. DAVISBoard of Immigration Appeals · 1979

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3Cited by1 opinion

  1. ESQUEDABoard of Immigration Appeals · 1994

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