Pattie Walcott v. Merrick Garland
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PATTIE PAGE WALCOTT, AKA Pattie No. 18-70393 Clark, AKA Pattie Watson, Petitioner, Agency No.
A075-930-578
v.
MERRICK B. GARLAND, Attorney OPINION General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals
Submitted June 5, 2020 Submission Vacated January 6, 2021 Argued and Submitted February 18, 2021 San Francisco, California
Filed December 22, 2021
Before: A. Wallace Tashima, Marsha S. Berzon, and Daniel P. Collins, Circuit Judges.
Opinion by Judge Tashima; Concurrence by Judge Berzon; Dissent by Judge Collins SUMMARY*
Immigration
Granting Pattie Page Walcott’s petition for review of a decision of the Board of Immigration Appeals, the panel held that 1) Arizona Revised Statutes § 13-3405(A)(4), which prohibits certain conduct relating to marijuana, is overbroad and divisible; 2) Walcott’s § 13-3505(A) convictions, which involved categories in the statute involving the smallest quantity of marijuana, were not crimes involving moral turpitude (“CIMT”); and 3) Walcott was therefore not removable.