09-4135 Barma v. Holder

Listen to this article

Immigration
Cancellation of removal

A conviction for possession of drug paraphernalia is a violation of a law relating to a controlled substance, rendering an alien ineligible for cancellation of removal.

“Under the statute as structured, in determining whether a conviction falls under § 1182(a)(2) the petty offense exception contained within that provision must be considered. 23 I. & N. Dec. at 593. The same is not true for the waiver in § 1182(h). Nothing in §1182(a)(2) requires reference to § 1182(h) in determining whether a conviction falls within § 1182(a)(2). Accordingly, Garcia- Hernandez provides no support for Barma’s interpretation, and reflects merely a determination as to what convictions fall under the language of § 1182(a)(2). Garcia- Hernandez in fact is consistent with our holding that the plain language requires the court to focus on the language of the particular subsection referenced. Id. (‘We view the plain language . . . as incorporating the entirety of section [1182(a)(2)]’).”

Petition Denied.

09-4135 Barma v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Rovner, J.

Full Text