22 Jan 2021

BIA on Divisibility, Elements, Means: Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)

Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021) - Section 58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession or use of a controlled substance, is divisible with respect to the identity of the specific “controlled substance” involved in a violation of that statute.