In Lennon the Second Circuit concluded, in agreement with the Board of Immigration Appeals, that since § 1182(a)(23) is addressed to violations of laws proscribing illicit possession, an alien should not be excluded for a conviction under a foreign statute which penalized unknowing as well as intentional possession.
Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"