Fuad Fares Fuad Said v. U.S. Attorney General

Summary

The Eleventh Circuit held that a conviction under Fla. Stat. § 893.13(6)(a) for marijuana possession does not relate to a federally controlled substance under 21 U.S.C. § 802, because Florida's definition of marijuana includes mature stalks and fiber, which federal law expressly excludes. Applying the categorical approach, the court found that the plain language of the state statute creates a realistic probability of broader prosecution, so the petitioner did not need to produce exemplar cases to show overbreadth. Consequently, the conviction did not stop the accrual of continuous residence for cancellation of removal under INA § 240A, and the petition for review was granted and remanded.

Holdings

1. A violation of Fla. Stat. § 893.13(6)(a) does not relate to a controlled substance as defined under federal law because Florida's definition of marijuana includes mature stalks and fiber, which are excluded from the federal definition. Therefore, Said's conviction did not affect his ability to accrue the required seven years of continuous residence.

Questions Presented

1. Whether Said's conviction under Fla. Stat. § 893.13(6)(a) for possession of marijuana relates to a controlled substance as defined in 21 U.S.C. § 802, such that it prevents him from accruing the necessary seven-year period of continuous residence for cancellation of removal.

Disposition

remanded