BIA Revives Residency Bid For Honduran With Pot Conviction

By Sarah Jarvis (June 23, 2021, 9:52 PM EDT) -- The Board of Immigration Appeals on Wednesday sustained an appeal from a Honduras native who was prevented from adjusting his status based on a past conviction for marijuana possession, finding in a precedential decision that he may still apply for a waiver of inadmissibility.

Judge Blair O'Connor, writing for the panel, remanded the case of Jorge Moradel for further proceedings. The panel disagreed with an immigration judge who found that a "simple possession" exception in a provision of the Immigration and Nationality Act applies only to a section dealing with suspected illicit trafficking.

"We therefore hold that an applicant for adjustment...

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