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  • general council legal opinion

    I am having issues with entering the states for a minor marijuana issue I had on the buffalo peace brige border 10 years ago. I was never arrested, charged for the incident. I was only given a 500 dollar fine for failure to declare. I was allowed to enter the states on the day of the incident as well as multiple times by air and ground since the incident. however, 2 months ago I was refused entery at miami airport and deported back to canada. AFter the miami incident 2 months ago I am now forced to get a waiver which takes up to one year to process. This is not an option I wish to take since my job requires me to travel to the states and my career is on the line if I cant make my business trips. After doing some research I found out that there was a general council opinion made on january 20th 1995 and signed by T.alexander aleinikoff (95-4)
    that basically stated that anyone found with an illegal substance but is not charged or detained and only fined should be excluded from inadmissability to the united states.

    My problem now is that I cannot find a copy of this 95-4 opinion that basically gives me some defense when I take my case to immigration court.

    can someone help me find this. I know http://www.lexisnexis.com/ has all the general councils opinions related to the INS but you need a membership to access the archives.

    does anyeone have a membership and can look it up for me or if there is another source I would greatly appreciate it.

    Thanks guys.

  • #2
    I am having issues with entering the states for a minor marijuana issue I had on the buffalo peace brige border 10 years ago. I was never arrested, charged for the incident. I was only given a 500 dollar fine for failure to declare. I was allowed to enter the states on the day of the incident as well as multiple times by air and ground since the incident. however, 2 months ago I was refused entery at miami airport and deported back to canada. AFter the miami incident 2 months ago I am now forced to get a waiver which takes up to one year to process. This is not an option I wish to take since my job requires me to travel to the states and my career is on the line if I cant make my business trips. After doing some research I found out that there was a general council opinion made on january 20th 1995 and signed by T.alexander aleinikoff (95-4)
    that basically stated that anyone found with an illegal substance but is not charged or detained and only fined should be excluded from inadmissability to the united states.

    My problem now is that I cannot find a copy of this 95-4 opinion that basically gives me some defense when I take my case to immigration court.

    can someone help me find this. I know http://www.lexisnexis.com/ has all the general councils opinions related to the INS but you need a membership to access the archives.

    does anyeone have a membership and can look it up for me or if there is another source I would greatly appreciate it.

    Thanks guys.

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