Mexican May Challenge Removal For Drug Charges: 9th Circ.

Law360, New York (December 7, 2017, 4:48 PM EST) -- A split Ninth Circuit panel on Thursday determined that because a Mexican native’s drug trafficking conviction under Washington state law did not count as an aggravated felony under federal law, he should have been able to challenge his removal.

A lower court erred by determining that Jose Alejandro Valdivia-Flores was deportable based on his conviction for violating a law that, in part, could be construed as equivalent to a federal aggravated felony, as an aiding-and-abetting Washington drug trafficking statute does not distinguish between those who are...
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