1st Circ. Orders Review Of Drug Crime Bar On Removal Relief

By Grace Dixon (November 18, 2021, 4:41 PM EST) — The First Circuit gave a Cape Verdean man a second shot at proving his conviction for possessing oxycodone doesn’t bar him from accessing deportation relief, ordering an immigration authority to weigh whether the decades-old precedent it applied is outdated.

A three-judge panel on Wednesday ordered the Board of Immigration Appeals to revisit Janito DeCarvalho’s bid for withholding of removal following a three-and-a-half-year drug sentence, which an immigration judge and the BIA had decided automatically amounted to a particularly serious crime barring relief.

The court should have applied a test set out by former Attorney General John Ashcroft in the 2002 opinion…