Popescu-Mateffy v. Holder, Jr., No. 11-2192 (8th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Romania, petitioned for review of an order of the BIA determining that his state conviction for possession of drug paraphernalia in a motor vehicle rendered him ineligible for waiver of inadmissibility under Immigration and Nationality Act (INA) 212h, 8 U.S.C. 1182(h). The court denied the petition, concluding that the BIA's interpretation of section 1182(h)'s waiver for a "single offense of simple possession of... marijuana" as not including the possession of drug paraphernalia in a vehicle was not arbitrary, capricious, or manifestly contrary to the statute.
Court Description: Petition for Review - Immigration. BIA did not err in determining petitioner's conviction for possession of drug paraphernalia in a motor vehicle rendered him ineligible for waiver of inadmissibility under Immigration and Naturalization Act, 8 U.S.C. Sec. 1182(h).
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