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Keywords

statuteappealvisadeportationnaturalization
appealplearegulationdeportationliens

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Lennon v. Immigration and Naturalization Service

Facts

John Lennon, an internationally known musician, was convicted in 1968 in the UK for possession of cannabis resin. He and his wife arrived in the U.S. in 1971 to seek custody of his wife's child. Although the Immigration and Naturalization Service (INS) initially waived his excludability due to his conviction, they later initiated deportation proceedings after his visa expired. The BIA upheld the deportation order, leading to Lennon's appeal.

On October 18, 1968, detectives from the Scotland Yard drug squad conducted a warrantless search of Lennon's apartment at 34 Montague Square, London. There, the officers found one-half ounce of hashish inside a binocular case and thereupon placed Lennon under arrest. Lennon pleaded guilty to possession of cannabis resin in Marylebone Magistrate's Court on November 28, 1968; he was fined # 150.

Issue

Whether Lennon's 1968 British conviction for possession of cannabis resin renders him an excludable alien under 212(a)(23) of the Immigration and Nationality Act.

Whether Lennon's 1968 British conviction for possession of cannabis resin renders him, as the Board of Immigration Appeals believed, an excludable alien under 212(a)(23) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(23), which applies to those convicted of illicit possession of marijuana.

Rule

Under 212(a)(23) of the Immigration and Nationality Act, any alien convicted of a violation relating to the illicit possession of drugs is excludable, but the statute implies a requirement of knowledge regarding the illicit nature of the substance.

INA 212(a), 8 U.S.C. 1182(a), lists thirty-one classes of 'excludable aliens' who are ineligible for permanent residence, and, indeed, are (with the exception provided by 212(d)(3)(A)), unable to enter this country at all. Among those excludable is any alien who has been convicted of a violation of . . . any law or regulation relating to the illicit possession of . . . marihuana (212(a)(23)).

Analysis

The court analyzed the British law under which Lennon was convicted, determining that it did not require knowledge of the illicit nature of the substance. The court held that since Lennon's conviction was based on a law that did not necessitate knowledge, he could not be deemed excludable under the Immigration and Nationality Act.

We are of the view that it did not. We base this result upon our conclusion that (A) Lennon was convicted under a law which in effect makes guilty knowledge irrelevant and that (B) a foreign conviction for possession of marijuana under such a law does not render the convicted alien excludable.

Conclusion

The court reversed the BIA's order and remanded the case, concluding that Lennon's conviction did not meet the criteria for excludability under the Immigration and Nationality Act.

Accordingly, the denial of Lennon's application for adjustment of status and the order of deportation are vacated and the case remanded for reconsideration in accordance with the views expressed in this opinion.

Who won?

John Lennon prevailed in the case because the court found that his conviction under British law did not require knowledge of illicit possession, which is a necessary element for excludability under U.S. law.

John Lennon prevailed in the case because the court found that his conviction under British law did not require knowledge of illicit possession, which is a necessary element for excludability under U.S. law.

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