By: Derek Hawkins//July 24, 2017//
7th Circuit Court of Appeals
Case Name: Ming Wei Chen v. Jefferson B. Sessions, III, Attorney General of the United States
Case No.: 17-1130
Officials: WOOD, Chief Judge, and BAUER and FLAUM, Circuit Judges.
Focus: Court Error – Deportation – Removal
Ming Wei Chen, a lawful permanent resident originally from China, was ordered removed from the United States as an alien convicted of a controlled‐sub‐ stance crime, see 8 U.S.C. § 1182(a)(2)(A)(i)(II). The Board of Immigration Appeals decided that Chen is ineligible for cancellation of removal because of an Illinois conviction for possessing more than 30 but not more than 500 grams of marijuana, 720 ILCS § 550/5(d). This, the Board thought, qualifies as an aggravated felony; if that is correct, then Chen is indeed ineligible for the relief he seeks. 8 U.S.C. § 1229b(a). Chen seeks review of that ruling in this court. We conclude that the Board misapplied the Supreme Court’s decision in Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), when it characterized Chen’s conviction under ILCS § 550/5(d) as an aggravated felony. We therefore grant his petition for review and return the case to the agency for further action.
Remanded