I was charged for under the influence of controlled substance but my case was dismissed under pc 1000.3 I know to qualifie for immigration relief the charge has to be simple possession or lesser charge.tonmy knowledge after Nunez Reyes does that mean that under the influence of a controlled substance is equal or lesser charge to simple possessions?please help thank you in advance
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Nunez-Reyes, a 6 year old federal decision neither addresses your question nor helps your cause. Nunez-Reyes holds,among other issues, that an expunged state CS conviction does not relieve the petitioner from removal even though a federal expunged CS conviction would. For the reasons google the 55 page case.
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