Lawyer Commentary LexBlog United States Crimmigration: When A “Controlled Substance” Isn’t A “Controlled Substance”, Part 1

Crimmigration: When A “Controlled Substance” Isn’t A “Controlled Substance”, Part 1

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I had the opportunity today to attend a Webinar/CLE featuring crimmigration expert Mary Kramer (author of Immigration Consequences of Criminal Activity.). It was titled When Victim-Clients Commit Crime: An Introduction to Immigration Consequences of Common Crimes. I’m told this will be made available online in the near future.

This event introduced me to a fabulous 11th Circuit decision from 2022 that would make an excellent real-o-thetical for your crimmigration course or crimmigration segment of your larger immigration class. The case is Said v. U.S. Attorney General, 28 F.4th 1328 (11th Cir. 2022). (Can we pause for a moment to talk about how crazy it is that we’re up to F.4th??).

The issue in the case was whether a conviction under Fla. Stat. § 893.13(6)(a) amounted to a “controlled substance offense” for purposes of immigration law.

Here is the Florida statute:

(6)(a) A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a...

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