Gordon v. U.S. Attorney General, No. 18-14513 (11th Cir. 2020)Annotate this Case
Defendant's prior conviction for possession with intent to distribute ecstasy under O.C.G.A. 16-13-30 qualifies as a felony punishable under the Controlled Substances Act.
The Eleventh Circuit denied a petition for review of the BIA's order affirming an IJ's determination that petitioner's prior state conviction qualified as an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), rendering him removable and ineligible for cancellation of removal. The court held that O.C.G.A. 16-16-30 is divisible, and that the modified categorical approach applies. The court also held that the BIA did not err in determining that ecstasy is a federally controlled substance under Georgia law.