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Medina v. Ashcroft

Facts

Jose Valdes Medina, a permanent resident from Cuba, was ordered removed by an immigration judge due to a conviction for attempting to be under the influence of THC-carboxylic acid, a controlled substance under Nevada law. The government argued that this conviction made him removable under 8 U.S.C. 1227(a)(2)(B)(i). However, Medina contended that his conviction fell under the exception for personal use of marijuana, as the government conceded that THC-carboxylic acid is a metabolite produced by marijuana use.

The IJ ordered Medina's removal because the State of Nevada convicted him of attempting to be under the influence of a controlled substance — namely, THC-carboxylic acid.

Issue

Whether Jose Valdes Medina was removable under 8 U.S.C. 1227(a)(2)(B)(i) based on his conviction for attempting to be under the influence of THC-carboxylic acid.

Whether Jose Valdes Medina was removable under 8 U.S.C. 1227(a)(2)(B)(i) based on his conviction for attempting to be under the influence of THC-carboxylic acid.

Rule

Under 8 U.S.C. 1227(a)(2)(B)(i), a person is not subject to removal for a single offense involving possession for one's own use of 30 grams or less of marijuana.

Under 8 U.S.C. 1227(a)(2)(B)(i), a person is not subject to removal for a single offense involving possession for one's own use of 30 grams or less of marijuana.

Analysis

The court applied a categorical approach to Medina's conviction, determining that the government did not establish that his conviction was for anything other than personal use of marijuana. The court noted that the statutory definition of the crime did not negate the possibility that Medina's conviction resulted from personal use of marijuana, which is protected under the statute. The court emphasized that the interpretation of the law must logically extend to personal use.

We conclude that Medina is not removable under section 1227(a)(2) (B)(i) because the government has failed to establish that his Nevada conviction was for 'other than a single offense involving possession for one's own use of 30 grams or less of marijuana.'

Conclusion

The court granted Medina's petition for review, reversed the order of removal, and remanded the case to the Board for further proceedings consistent with its opinion.

We grant the petition for review, reverse the order of removal, and remand the matter to the Board for disposition consistent with this opinion.

Who won?

Jose Valdes Medina prevailed in the case because the court found that the government failed to meet its burden of proving that his conviction constituted a basis for removal under the relevant statute.

Medina has been ordered removed from this country because he personally used a small amount of marijuana, and he was convicted because that use showed up in a drug test. At the least, the government has failed to sustain its burden of proving otherwise.

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