7TH FINDS BIA MISAPPLIED SUPREME’S MONCRIEFFE DECISION — IL MARIHUANA CONVICTION NOT DRUG TRAFFICKING CRIME — MING WEI CHEN V. SESSIONS

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D07-20/C:17-1130:J:Wood:aut:T:fnOp:N:1997576:S:

“The Board erred by reading Moncrieffe as if that decision interpreted the CSA’s term “small amount.” Nothing in Moncrieffe supports the conclusion that the possession of a tad more than 30 grams of marijuana—the lowest amount punishable under 720 ILCS § 550/5(d)—can never be punished as a federal misdemeanor. The Board erred as a matter of law in this respect, when it found that Chen’s conviction under that provision qualifies as an aggravated felony.

We GRANT the petition for review and remand to give the Board the opportunity to decide whether to exercise its discretion to grant cancellation of removal.”

PANEL:

WOOD, Chief Judge, and BAUER and FLAUM, Circuit Judges.

OPINION BY: Chief Judge Wood

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Will the BIA, the DOJ, and the DHS ever get the Supreme’s message on trying to expand the reach of the aggravated felony provisions to crimes that really aren’t aggravated, and sometimes aren’t even felonies?

PWS

07-21-17