Legal Opinion
CASTRO RODRIGUEZ
Board of Immigration Appeals
Decided July 1, 2012No. ID 3741PublishedCited by 9 opinions
1Opinion of the Court
Cite as
25 I&N Dec. 698
(BIA 2012) Interim Decision #3741 Matter of Wilmer Rodrigo CASTRO RODRIGUEZ, Respondent Decided February 14, 2012 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals An alien convicted of possession of marijuana with intent to distribute under State law has the burden to show that the offense is not an aggravated felony because it involved a “small amount of marihuana for no remuneration” within the meaning of 21 U.S.C. § 841(b)(4) (2006), which the alien may establish by presenting evidence outside of the record of conviction.…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Nijhawan v. HolderSupreme Court of the United States · 2009
- Lopez v. GonzalesSupreme Court of the United States · 2006
- J-Y-CBoard of Immigration Appeals · 2007
- Jean Junior Jeune v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
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3Cited by9 opinions
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- Hylton v. SessionsCourt of Appeals for the Second Circuit · 2018
- Perez Santana v. HolderCourt of Appeals for the First Circuit · 2013
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- Dor v. GarlandCourt of Appeals for the First Circuit · 2022
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