Johnson v. Barr, No. 19-9550 (10th Cir. 2020)Annotate this Case
Petitioner Everett Johnson, a citizen of the Bahamas, became a United States permanent resident in 1977. But in 2016, he pleaded guilty to possessing a schedule II controlled substance in violation of Colorado law. Soon after, the Department of Homeland Security (DHS) charged Johnson as removable from the United States based on the state drug conviction. The Board of Immigration Appeals (BIA) then ordered Johnson’s removal from the United States back to the Bahamas. He appealed, challenging that the state drug conviction subjected him to deportation from the United States. The Tenth Circuit determined Colorado Revised Statute section 18-18-403.5(1), (2)(a) was overbroad and indivisible as to the identity of a particular controlled substance. Therefore, Johnson’s conviction could not subject him to removal from the United States. The Court therefore granted Johnson’s petition for review, vacated the BIA’s order, and remanded to the BIA for further proceedings.