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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 Seventh Circuit Court of Appeals opinion, 519 F.3d 388 (7th Cir. 2008).

Read the opening brief, government response, and reply brief.

Read the National Immigrant Justice Center litigation blog entry on this case.