Gordon v. U.S. Attorney General

Petitioner, a citizen of Guyana and lawful permanent resident of the United States, petitioned for review of the BIA's order upholding the IJ's finding that he was removable under 8 U.S.C. 237(a)(2)(A)(iii). The Eleventh Circuit granted the petition, holding that petitioner's prior conviction for violating Florida Statute 893.13(1)(a) did not constitute an aggravated felony. In this case, the Florida statute is divisible and, under the modified categorical approach, a conviction for delivery of a controlled substance under section 893.13(1)(a) does not qualify as an aggravated felony. View "Gordon v. U.S. Attorney General" on Justia Law