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Dear Editor:

Gerbier v. Holmes, No. 00-2335 (3rd Cir. Feb. 8, 2002), will have limited applicability since drug related offenses, felony or otherwise, constitute a separate basis for removal. With the exception of a single offense of personal possession of 30 grams or less of marijuana, all controlled substance convictions will result in deportation under INA Sec. 237(a)(2)(B). Apparently, in Gerbier, the INS decided to allege that the offense was an aggravated felony, a separate basis for deportation, but did not allege that it was a drug related offense. In my opinion, if the INS initiates new allegations of removability for conviction of a drug related offense, Gerbier will end up being deported anyway.

Thomas Dean, Esq.


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