Practice Advisory: Matter of Davey & the Categorical Approach

"This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. § 1227(a)(2)(B)(i), INA § 237(a)(2)(B)(i).  Matter of Davey is another in a line of recent Board decisions that erodes the use of the categorical approach in immigration cases.  This practice advisory takes a close look at the Board’s reasoning in Matter of Davey and suggests strategies to challenge the decision or limits its impact.  It also contains an appendix surveying state marijuana laws and their weight requirements." - Sejal Zota, Jan. 15, 2013.