In re Moncada-Servellon

1 Analyses of this admin-law by attorneys

  1. 5 Cir rejects BIA’s limitations on marijuana personal use exception

    University of Denver Sturm College of LawNovember 17, 2015

    As the Fifth Circuit explained, “in the BIA’s view, ‘[t]he personal-use exception is not intended or understood by Congress to apply to offenses that are significantly more serious than simple possession by virtue of other statutory elements that greatly increase their severity.’” Id. at 6 (quoting Matter of Moncada-Servellon, 24 I&N Dec. 62, 67 (BIA 2007)). Flores-Esquivel’s death knell was the location of his 2003 conviction: in a school zone.