Mellouli v. Lynch
Supreme Court of the United States
135 S. Ct. 1980 (2015)
Moones Mellouli (plaintiff), a lawful permanent resident, pleaded guilty to a state misdemeanor for possessing drug paraphernalia, a sock containing four unidentified tablets, and the charge and plea never identified which drug was involved. The government sought his removal under a federal statute covering aliens convicted of violating any state law relating to a controlled substance, even though the state's own drug schedules included at least nine substances not listed as controlled under federal law; the appeals court sided with the government, reasoning the state and federal schedules substantially overlapped, and the Supreme Court granted certiorari.
Whether an alien can be removed under Section 237(a)(2)(B)(i) of the Immigration and Nationality Act if the alien was convicted of a drug offense not involving a drug listed in 21 U.S.C. § 802.