Dor v. Bondi

Summary

The First Circuit denied Jonalson Dor’s petition for review of a Board of Immigration Appeals decision finding him removable based on an August 2018 Massachusetts marijuana conviction. The court held that, under INA § 237(a)(2)(B)(i), courts must use the Controlled Substances Act definition in effect at the time of conviction, and concluded that Dor’s conviction categorically matched the federal definition then in effect.

Holdings

1. Courts must use the Controlled Substances Act definition in effect at the time of the noncitizen's conviction, rather than the version in effect during the removal proceedings.
2. Dor's August 2018 Massachusetts marijuana conviction constituted a categorical match with the federal marijuana definition in effect at the time of conviction and therefore supported removability under INA section 237(a)(2)(B)(i).

Questions Presented

1. Whether, when determining whether a state controlled-substance conviction makes a noncitizen removable under INA section 237(a)(2)(B)(i), the court must compare the state statute with the federal Controlled Substances Act as it existed at the time of conviction or as it existed during the removal proceedings.
2. Whether Dor's August 2018 Massachusetts marijuana conviction was a categorical match with the federal definition of a controlled substance applicable at the time of conviction.

Disposition

denied