Chen v. Sessions

Bd. erred in finding that alien was ineligible for cancellation of removal relief because alien’s prior Ill. conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated felony.” Bd. misapplied Supreme Ct. decision in Montcrieffe, 133 S.Ct. 1678, when Bd. characterized alien’s conviction as aggravated felony, where Bd. improperly believed that conviction involving any amount of marijuana over 30 grams could never be prosecuted as federal misdemeanor. As such, remand was required to give Bd. opportunity to decide whether to exercise its discretion to grant cancellation of removal.