Mota v. Barr, No. 19-1385 (2d Cir. 2020)
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The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable for having been convicted of two crimes involving moral turpitude (CIMTs) under section 1227(a)(2)(A)(ii) of the Immigration and Nationality Act.
The court held that petitioner's conviction for two counts of felony possession of narcotics with intent to sell, in violation of Connecticut General Statutes 21a5 277(a)(1), qualify as CIMTs. Although the court acknowledged that Connecticut's legislature has broadly defined "sale" to encompass exchanges, gifts, and offers of a narcotic substance even for no consideration, the court concluded that the plain meaning of the statute encompasses every instance in which a defendant offers to, or does in fact, "barter, exchange or gift" narcotics to another. The court explained that the fact that the statute may cover scenarios in which a defendant "offered," "exchanged," or "gifted" a narcotic substance, even a small amount, to a friend for no or little renumeration does not foreclose its conclusion under the categorical approach.
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