Najera-Rodriguez v. Barr

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 18-2416
Decision Date: 
June 4, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted

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.