Bannister v. Barr, No. 18-2638 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit denied petitions for review of the BIA's decision affirming petitioners' orders of removal, holding that petitioners' arguments are foreclosed by circuit precedent. Petitioners, lawful permanent residents, pleaded guilty to fifth-degree possession of a controlled substance in Minnesota state court. The court applied the modified categorical approach and held that fifth degree possession of a controlled substance under Minnesota law qualifies as a removable offense under INA 237(a)(2)(B)(i).
Court Description: [Per Curiam - Before Colloton, Beam and Kelly, Circuit Judges] Petition for Review - Immigration. The agency correctly determined that petitioners are removable under INA Section 237(a)(2)(B)(i) because they pleaded guilty to a removable offense - possessing methamphetamine in violation of Minnesota's fifth-degree possession statute.
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