Does the Attorney General's interpretation of Section 1231(b)(3)(B)(ii) of the Immigration Code apply to a drug trafficking conviction?

MultiRegion, United States of America

The following excerpt is from John Doe v. Lynch, 12-711-ag (2nd Cir. 2015):

74 (2d Cir. 2011). The Attorney General's creation of strong presumptions involving drug trafficking convictions was a reasonable interpretation of the statute because the text itself provides the Attorney General with discretion to make the determination. See 8 U.S.C. 1231(b)(3)(B)(ii) ("Subparagraph (A) does not apply ... if the Attorney General decides that . . . the alien, having been convicted of . . . a particularly serious crime is a danger to the community of the United States" and "[the per se category of particularly serious crimes] shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime." (emphases added)); Miguel-Miguel v. Gonzales, 500 F.3d 941, 948 (9th Cir. 2007).

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