Categorical Approach Victory at CA10: Johnson v. Barr

Johnson v. Barr

"We address whether Johnson’s state drug conviction under the 2016 version of Colorado Revised Statute (C.R.S.) § 18-18-403.5(1), (2)(a) subjects him to deportation from the United States. Because C.R.S. § 18-18-403.5(1), (2)(a) is overbroad and indivisible as to the identity of a particular controlled substance, Johnson’s conviction cannot subject him to removal from the United States. We therefore grant Johnson’s petition for review, vacate the BIA’s order, and remand to the BIA for further proceedings consistent with this opinion."

[Hats way off to Hans Meyer and Joshua Mitson!]