Bd. erred in finding that alien’s Illinois state court conviction on charge of unlawful possession of Xanax pills without prescription was crime “relating to controlled substance” that made alien removable under 8 USC section 1227(a)(2)(B)(i). Relevant Illinois statute covered substances that were not controlled substances under federal law, and said statute was not divisible for purpose of applying modified categorical approach to determine whether elements of defendant’s conviction triggered alien’s removal. As such, alien’s conviction did not render him removable.
Federal 7th Circuit Court