Case Details
- Status
- Published
- Procedural Posture
- appellate decision establishing precedent regarding statutory interpretation
Related Laws
No specific laws identified for this ruling.
Outcome
BIA clarified that determination of whether a state drug offense constitutes a drug trafficking crime under federal law shall be made by reference to federal circuit court authority, not separate BIA standards, overruling prior precedent.
Excerpt
YANEZ, 23 I&N Dec. 390 (BIA 2002) ID 3473 (PDF) The determination whether a state drug offense constitutes a drug trafficking crime under 18 U.S.C. § 924(c)(2) (2000), such that it may be considered an aggravated felony under section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2000), shall be made by reference to decisional authority from the federal circuit courts of appeals, and not by reference to any separate legal standard adopted by the Board of Immigration Appeals. Matter of K-V-D-, Interim Decision 3422 (BIA 1999), overruled. Matter of L-G-, 21 I&N Dec. 89 (BIA 1995), and Matter of Davis, 20 I&N Dec. 536 (BIA 1992), modified.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.