1st Circ. Says BIA Didn't Explain Seriousness Of Weed Crime 1 1st Circ. Says BIA Didn't Explain Seriousness Of Weed Crime

1st Circ. Says BIA Didn't Explain Seriousness Of Weed Crime

By Rae Ann Varona (August 22, 2022, 6:15 PM EDT) — The First Circuit has told the Board of Immigration Appeals to have another look at a Haitian man’s asylum request, saying the board did not adequately explain why his marijuana offenses made him ineligible for asylum.

Speaking on behalf of the three-judge panel, U.S. Circuit Judge Ojetta Rogeriee Thompson said Friday that neither the BIA nor Haitian citizen and U.S. green card holder Jonalson Dor disputed the use of the so-called Frentescu legal test to tease out whether Dor’s two marijuana offenses were serious enough to make him ineligible for deportation relief.

But the BIA’s ultimate decision that Dor’s offenses met the…