Rodriguez Vazquez v. Sessions

The Fifth Circuit denied a petition for review of the BIA's decision finding petitioner eligible for deportation under 8 U.S.C. 1227(a)(2)(B)(i) for possessing a controlled substance in violation of Oklahoma law. Petitioner challenged both the determination that the Oklahoma schedule of controlled substances was a categorical match to the federal schedule and that in order to terminate his order of removal he was required to show a "realistic probability" that Oklahoma actually prosecutes cases involving substances not included in the federal schedules. The Fifth Circuit has held that the realistic probability test applies whenever the categorical approach is employed. See United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017) (en banc). The court held that petitioner waived this viable argument under Castillo-Rivera, because he never suggested that the realistic probability test was satisfied in this case. Because petitioner waived his only viable argument, the court denied relief. View "Rodriguez Vazquez v. Sessions" on Justia Law