Mohammed Baher Elramly v. Immigration & Naturalization Service

The Immigration and Naturalization Service (“INS”) is seeking to deport Mohammed Baher Elramly because in 1982 he was convicted of selling $100.00 worth of hashish. Elramly sought discretionary relief based on section 212(c) of the Immigration Act, 8 U.S.C. § 1182 (e). Because the Board of Immigration Appeals (“BIA”) failed to examine the particular nature of Elramly’s drug offense and categorically concluded that it was a “serious drug offense,” we grant the petition for review, vacate the BIA’s decision, and remand.

I

Elramly lawfully entered the United States on a nonimmigrant student visa in 1976. In 1979, he married a United States citizen and became a lawful permanent resident. During his marriage he had three children. In 1982, Elramly pleaded guilty to two counts of “unlawfully and knowingly selling] resin extract of Cannabis, commonly known as Hashish,” in violation of Florida Statute 893.13(l)(a)(2). For this offense, El-ramly received a 90 day sentence, three years probation, and a fíne.

After Elramly divorced in 1990, the INS ordered Elramly to show cause for why he should not be deported because of his 1982 drug offense, pursuant to the Immigration Act § 241. 8…