JAVI PORTER v. PAMELA BONDI, Attorney General - Articles

All Content

JAVI PORTER v. PAMELA BONDI, Attorney General

Posted by: Azya Thornton on Feb 10, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Fitzmore H. Harris, H. FITZMORE HARRIS, P.C., Bronx, New York, for Petitioner.

Attorneys 2: ON BRIEF: Dana M. Camilleri, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): THAPAR, NALBANDIAN, and DAVIS, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

AVIS, Circuit Judge. The Immigration and Nationality Act (“INA”) provides that any noncitizen who has been convicted of an aggravated felony is deportable. 8 U.S.C. § 1227(a)(2)(A)(iii). Aggravated felonies include “illicit trafficking in a controlled substance,” id. § 1101(a)(43)(B), which, in turn, includes Controlled Substance Act (“CSA”) offenses that are punishable by more than one year of imprisonment. See 18 U.S.C. §§ 924(c)(2), 3559(a)(1)– (5). A state drug-trafficking conviction qualifies as an aggravated felony if the state law “proscribes conduct punishable as a felony under [the CSA].” Lopez v. Gonzales, 549 U.S. 47, 60 (2006). Petitioner Javi Porter’s appeal turns on whether his Virginia drug-trafficking conviction is an aggravated felony under the INA. Porter had been a lawful permanent resident of the United States for roughly six years before he was convicted under Virginia law of possessing with intent to distribute methamphetamine. The Department of Homeland Security (“DHS”) classified this conviction as an aggravated felony and initiated removal proceedings against Porter, which culminated in an order of removal. Porter seeks review of the final order of the Board of Immigration Appeals (“BIA” or “Board”) in which the Board affirmed an immigration judge’s (“IJ”) denial of his motion to terminate removal proceedings and found him removable as an aggravated felon. We deny the petition for review.

Attachments: