James v. Holder, No. 11-2500 (1st Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Jamaica, was convicted of illicit trafficking - an aggravated felony - and also of an offense under a state law relating to a controlled substance. The Department of Homeland Security began removal proceedings against Petitioner based on these offenses. Petitioner filed a responsive pleading seeking to terminate the removal proceedings or, in the alternative, to cancel removal. An immigration judge (IJ) denied Petitioner's motion to terminate and ordered Petitioner to be removed to Jamaica. The board of immigration appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that Petitioner pled to possessing a controlled substance with intent to sell in violation of Conn. Gen. Stat. Ann. 21a-277(b), that the offense was a subordinate offense constituting "trafficking," and therefore, Petitioner was convicted of drug trafficking as defined by federal law.