Amicus Invitation No. 17-01-26
AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017
JANUARY 26, 2017
The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:
ISSUES PRESENTED:
- (1) Whether, assuming that Arizona prohibits at least one narcotic drug that is not within the Federal controlled substances schedules and that its statute is not divisible, a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7) and 13-3408(B)(7) is a crime involving moral turpitude. Please discuss in this regard Matter of Khourn, 21 I&N Dec. 1041 (BIA 1997), and Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016).
- (2) Whether the respondent is removable under section 212(a)(2)(A)(i)(II) or section 212(a)(2)(C) of the Immigration and Nationality Act based on a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7) and 13- 3408(B)(7), in light of Mathis v. United States, ___U.S.___, 136 S.Ct. 2243 (2016); Lopez-Valencia v. Lynch, 798 F.3d 863 (9th Cir. 2015); and Matter of Chairez, 26 I&N Dec. 819 (BIA 2016).
Request to Appear as Amicus Curiae: Members of the public who wish to appear as amicus curiae before the Board must submit a Request to Appear as Amicus Curiae (“Request to Appear”) pursuant to Chapter 2.10, Appendix B (Directory), and Appendix F (Sample Cover Page) of the Board of Immigration Appeals Practice Manual. The Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-26. The decision to accept or deny a Request to Appear is within the sole discretion of the Board. Please see Chapter 2.10 of the Board Practice Manual.
Filing a Brief: Please file your amicus brief in conjunction with your Request to Appear pursuant to Chapter 2.10 of the Board of Immigration Appeals Practice Manual. The brief accompanying the Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-26. An amicus curiae brief is helpful to the Board if it presents relevant legal arguments that the parties have not already addressed. However, an amicus brief must be limited to a legal discussion of the issue(s) presented. The decision to accept or deny an amicus brief is within the sole discretion of the Board. The Board will not consider a brief that exceeds the scope of the amicus invitation.
Request for Case Information: Additional information about the case may be available. Please contact the Amicus Clerk by phone or mail (see contact information below) for this information prior to filing your Request to Appear and brief.
Page Limit: The Board asks that amicus curiae briefs be limited to 30 double-spaced pages. 1
Deadline: Please file a Request to Appear and brief with the Clerk’s Office at the address below by February 27, 2017. Your request must be received at the Clerk’s Office within the prescribed time limit. Motions to extend the time for filing a Request to Appear and brief are disfavored. The briefs or extension request must be RECEIVED at the Board on or before the due date. It is not sufficient simply to mail the documents on time. We strongly urge the use of an overnight courier service to ensure the timely filing of your brief.
Service: Please mail three copies of your Request to Appear and brief to the Clerk’s Office at the address below. If the Clerk’s Office accepts your brief, it will then serve a copy on the parties and provide parties time to respond.
Joint Requests: The filing of parallel and identical or similarly worded briefs from multiple amici is disfavored. Rather, collaborating amici should submit a joint Request to Appear and brief. See generally Chapter 2.10 (Amicus Curiae).
Notice: A Request to Appear may be filed by an attorney, accredited representative, or an organization represented by an attorney registered to practice before the Board pursuant to 8 C.F.R. § 1292.1(f). A Request to Appear filed by a person specified under 8 U.S.C. § 1367(a)(1) will not be considered.
Attribution: Should the Board decide to publish a decision, the Board may, at its discretion, name up to three attorneys or representatives. If you wish a different set of three names or you have a preference on the order of the three names, please specify the three names in your Request to Appear and brief.
Clerk’s Office Contact and Filing Address:
To send by courier or overnight delivery service, or to deliver in person:
Amicus Clerk
Board of Immigration Appeals Clerk’s Office
5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041 703-605-1007
Business hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
Fee: A fee is not required for the filing of a Request to Appear and amicus brief.
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Once again, kudos and thanks to the BIA for asking for public input on these “sure to be precedent” issues!
PWS
01/27/17