Thursday, February 9th, 2017

BIA on ‘single offense’ – Matter of Davey, ID 3770, 26 I&N Dec. 37 (BIA 2012)

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Matter of Davey, ID 3770, 26 I&N Dec. 37 (BIA 2012) - (1) For purposes of section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2006), the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana” calls for a circumstance-specific inquiry into the character of the alien’s unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. (2) An alien convicted of more than one statutory crime may be covered by the exception to deportability for an alien convicted of “a single offense involving possession for one’s own use of thirty grams or less of marijuana” if all the alien’s crimes were closely related to