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Matter of Aruna

1 Analyses of this admin-law by attorneys

  1. BIA: Burden to show possession with intent to distribute isn’t aggravated felony is on respondent; says categorical approach inapplicable

    University of Denver Sturm College of LawMay 17, 2012

    Matter of Castro Rodriguez, 25 I&N Dec. at 699.The BIA relied on its decision in Matter of Aruna, 24 I&N Dec. 452 (BIA 2008), in which it explained that the federal felony conspiracy to distribute a controlled substance offense, 21 U.S.C. §§ 841(a)(1), (b)(1)(D), allows for the consideration of evidence outside the record of conviction for the purpose of reducing the felony offense to a misdemeanor. Matter of Castro Rodriguez, 25 I&N Dec. at 701 (citing United States v. Hamlin, 319 F.3d 666, 670-71 (4th Cir. 2003)).