Controlled substance convictions may affect immigration status

In Bermudez v. Holder, a court recently ruled that possessing “a pipe and/or packets” that are used with the drug methamphetamine is a violation of the state law “relating to a controlled substance.”

Specifically, California’s law relating to controlled substances makes it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. Cal. Health & Safety Code § 11364(a).

Possessing drug paraphernalia is a crime, just like possessing the drugs themselves. This case also highlights that a criminal conviction like this has effects on a person’s immigration status. Under federal law, any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance … is deportable. 8 U.S.C. § 1227(a)(2)(B)(i). However, this case also states that a federal court does not have the power to decide a case that was a discretionary decision given by the Board of Immigration Appeals.

It is important that you hire an attorney that can fully advise you of your rights and be ready to present your case before the correct court and in front of a judge and/or jury. The Law Offices of Michael S. Carrillo can provide you with a free consultation and a breakdown of your case every step of the way. We pride ourselves on individualized attention to your case. To us, you’re not just a file but a person struggling to find the best outcome to your case. Give us a call at (626) 799-9375 or e-mail us at mike@mikecarrillo.com for an immediate response.