Shaw v. Sessions, No. 17-1213 (4th Cir. 2018)Annotate this Case
The Fourth Circuit denied a petition for review of the BIA's decision and held that the Board correctly determined that petitioner was convicted of a conspiracy related to the distribution of a controlled substance; the conviction rendered him inadmissible under the Controlled Substance Provision; and he was subject to removal under 8 U.S.C. 1227(a)(1)(A). The court also held that section 1229a(c)(3)(B) did not prohibit the Board from considering petitioner's indictment. Finally, the court was without jurisdiction to address a new argument to challenge the sufficiency of the evidence because petitioner did not raise it before oral argument.