Mr. Escobar Barraza was the husband of a U.S. citizen, and resided in the United States nearly his whole life. The only bar to his eligibility for lawful permanent residence was a $100 civil fine for possession of marijuana paraphernalia. The Seventh Circuit held as a matter of first impression that possession of marijuana paraphernalia “relates to” possession of a small amount of marijuana. This decision does allow individuals to be eligible to seek a waiver of that ground of inadmissibility.
Read the National Immigrant Justice Center litigation blog entry on this case.