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Immigration,
Criminal,
9th U.S. Circuit Court of Appeals

Dec. 23, 2021

9th Circuit reverses position on moral turpitude in pot case

In 2007, the court concluded that an Arizona state conviction for solicitation to possess more than four pounds of marijuana qualified as a crime of moral turpitude. Judge Wallace Tashima wrote this week that relaxed state laws on marijuana’s legality changes the equation.

A 9th U.S. Circuit Court of Appeals panel reversed its traditional position that transporting illegal drugs is a crime involving moral turpitude Wednesday because the narcotic in a removal case is marijuana.

The divided panel overturned a Board of Immigration Appeals decision to remove a permanent resident, Pattie Page Walcott, a citizen of Jamaica. She was convicted in 2010 and 2011 on Arizona state charges of solicitation to possess for s...

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