Morris v. Holder
An individual who has been convicted twice of criminal possession of marijuana is not eligible for a waiver of inadmissibility that is available to an individual convicted of only a single offense of simple possession of 30 grams or less. Lawrence Morris, a citizen of Guyana, applied for a waiver of inadmissibility, pursuant to Section 212(h) of the Immigration and Nationality Act, 8 United States Code §1182(h). The immigration judge denied his application, and the Board of Immigration Appeals affirmed. The petitioner appealed. The 2nd Circuit's review is restricted to "constitutional claims or questions of law raised," pursuant to 8 U.S.C. §1252(a)(2)(C). On review from the Board of Immigration Appeals' denial of a Section 212(h) waiver, the 2nd Circuit considers whether the alien is eligible for a waiver, pursuant to Sepulveda v. Gonzales, a 2005 decision of the 2nd Circuit. Section 212(h) provides that the attorney general may waive inadmissibility "insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana." The record established that the petitioner was convicted twice of criminal possession of marijuana. No waiver is available to the petitioner, because the petitioner has multiple convictions. The 2nd Circuit denied the petition for review. Gregory Osakwe of Hartford represented the petitioner. Stuart Delery, Edward Wiggers and Jennifer Lightbody represented the government.