Aquino Arroyo v. Garland, No. 19-3032 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the Board's determination that petitioner's 2011 Iowa conviction for possession of a controlled substance disqualifies him from relief in the form of cancellation of removal. The court concluded that the Board correctly found Iowa Code Section 124.401(5) divisible as between marijuana and other controlled substances, and the Board did not err in finding petitioner ineligible for cancellation of removal. The court also concluded that the Board did not abuse its discretion in denying petitioner's motion for reconsideration when it interpreted petitioner's arguments in his motion as new and as clearly distinct from what he had raised in his appeal.
Court Description: [Melloy, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Petition for Review - Immigration. The Board of Immigration Appeals did not err in determining that petitioner's Iowa conviction for possession of a controlled substance in violation of Iowa Code Section 124.401(5) disqualified him from relief in the form of cancellation of removal as the Iowa statute is divisible as to marijuana offenses such as his; no error in the Board's decision to deny petitioner's motion for reconsideration as it acted within its discretion in interpreting the arguments raised in the motion as new and clearly distinct from what had been raised in petitioner's appeal.
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