Bula Lopez v. U.S. Attorney General, No. 17-15179 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit granted in part a petition for panel rehearing, vacated the prior opinion in this case, and substituted the following opinion. Petitioner sought review of the BIA's decision affirming the IJ's order of removal.
The court held that substantial evidence supported the BIA's finding that petitioner was convicted under Fla. Stat. 893.13(1)(a) (possession with intent to deliver), and not section 893.13(6)(a) (simple possession). Therefore, the court lacked jurisdiction under Immigration and Nationality Act section 242 to grant petitioner relief on this claim and dismissed the petition for review in part.
The court held that DHS was not required to file a cross-appeal to advance its controlled substance argument on appeal to the BIA, and the BIA did not err in considering that argument. The court also held that Flunitrazepam is a controlled substance, and the BIA did not err in denying petitioner's motion for a remand to pursue a section 212(h) waiver. Accordingly, the court denied the petition in part.
This opinion or order relates to an opinion or order originally issued on November 21, 2018.