Selling Marijuana May Not Get Immigrant Removed From U.S.

An immigrant convicted of selling a small amount of marijuana under New York law isn’t categorically ineligible for cancellation of removal, the U.S. Court of Appeals for the Second Circuit said July 20.

The crime isn’t an aggravated felony that would mandate removal, the opinion by Judge Dennis Jacobs said.

Nevertheless, Antoine Hylton committed a removable offense, and his case was sent back to the Board of Immigration Appeals for review of the equitable factors the immigration judge used to cancel his removal.

An immigrant convicted of felony drug trafficking is considered to be an aggravated felon ineligible for cancellation ...