Rojas v. Garland, No. 19-1944 (8th Cir. 2021)
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The Eighth Circuit dismissed the petition for review of the BIA's order finding petitioner inadmissible under 8 U.S.C. 1182(a)(2)(C) based on lack of jurisdiction. Under section 1182(a)(2)(C)(i), a non citizen is inadmissible to the United States if "the Attorney General knows or has reason to believe" that the noncitizen is or has been either "an illicit trafficker in any controlled substance," or "a knowing aider, abettor, assister, conspirator, or colluder with others" in such trafficking.
The court agreed with the BIA that section 1182(a)(2)(C)'s "reason to believe" language requires a finding of probable cause. In this case, the court concluded that there is substantial evidence in the record to support the BIA's conclusion that there was probable cause to believe petitioner was involved in illicit drug trafficking. Therefore, petitioner is inadmissible under section 1182(a)(2)(C) and thus the court lacked jurisdiction over the petition for review.
Court Description: [Kelly, Author, with Chief Judge Smith and Erickson, Circuit Judges] Petition for Review - Immigration. Rojas petitions for review the decision finding him inadmissible under 8 U.S.C. sec. 1182(a)(2)(C),as there was reason to believe he was involved in illicit drug trafficking. The "reason to believe" language requires a finding of probable cause. There is substantial evidence in the record to support the BIA's conclusion there was probable cause to believe Rojas was involved in illicit drug trafficking and thus he is inadmissible under section 1182(a)(2)(C).
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