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Practice Advisory: Matter of Davey & the Categorical Approach

Practice Advisory
Issue area
Crimes/Post-Conviction Relief
Published: Jan. 15, 2013

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).