Court Finds Petitioner’s Illinois Conviction for Possessing Between 30 and 500 Grams of Marijuana Is Not an Aggravated Felony

The Seventh Circuit held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing more than 30 but not more than 500 grams of marijuana as an aggravated felony, finding that nothing in Moncrieffe supports the conclusion that the possession of a little more than 30 grams of marijuana can never be punished as a federal misdemeanor. Accordingly, the court granted the petition for review and remanded to give the BIA the opportunity to decide whether to exercise its discretion to grant cancellation of removal.