RENE GUEVARA-SOLORZANO v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Brinkema, May 24, 2018,
Deportation – Possession with intent to distribute (PWID) over 10 pounds of marijuana qualifies as a crime of moral turpitude under immigration law
Facts:
In 1984, Guevara-Solorzano came to the United States with his parents from Mexico.
In 1990, he became a lawful permanent resident.
In 1995, he pled guilty in Tennessee to the state crime of PWID – marijuana in an amount “in excess of four thousand five hundred thirty-six (4536) grams” (over 10 pounds).
In 2000, he pled guilty in North Carolina to the state crime of felony breaking and entering for breaking into a bar and stealing beer and cigarettes.
In 2010, the Department of Homeland Security initiated removal (deportation) proceedings against him.
Guevara-Solorzano applied for cancellation of removal, but the judge determined that this cancellation wasn’t available because his 1995 and 2000 convictions were crimes involving “moral turpitude” as well as aggravated felonies.
Guevara-Solorzano appealed, arguing that PWID is not a crime of moral turpitude and not an aggravated felony because Tennessee’s marijuana-trafficking laws are more strict than federal laws.
Held: The Fourth Circuit held that because Guevara-Solorzano’s conviction involved over 10 pounds of marijuana, it was felony drug trafficking under both federal and state law. Therefore, it qualified as both an “aggravated felony” as well as a “crime involving moral turpitude.”
Immigration – Moral Turpitude – A crime of “moral turpitude” if it involves knowing or intentional “reprehensible conduct.”
Immigration – The Board of Immigration Appeals “has long held that evil intent is inherent in the illegal distribution of drugs and that participation in illicit drug trafficking is a crime involving moral turpitude.”
Marijuana (Federal) – Under federal law, it is only a misdemeanor to distribute “a small amount of marihuana for no remuneration.”
Marijuana (Tennessee) – Tennessee law at the time made it a felony to distribute half an ounce or more of marijuana without regard to remuneration
Marijuana – Because the Tennessee statute is broader than the federal statute, it is not always going to qualify as felony drug trafficking under immigration law
Immigration – Aggravated Felony – Under immigration law, “aggravated felony” includes CDS trafficking
From the Case: Because Guevara-Solorzano was charged with PWID over 10 pounds of marijuana, his conduct qualifies as felony drug trafficking under both federal and Tennessee law