What if he was a foreigner?

Sunday, March 17th, 2013
By: Jonathan MontagJ.D.

Trey Anastasio

Trey Anastasio of the rock group Phish was arrested in December 2006 in Whitehall, New York, for illegally possessing hydrocodone, Percocet and Xanax. He went through drug court and afterwards his conviction was reduced to a misdemeanor. A conviction for possessing drugs is a deportable offense and also subjects one to mandatory detention while the case is pending. Being a drug addict or abuser is also a grounds of deportability and a ground of removability  which requires detention while seeking foregiveness. One can seek forgiveness for this crime through Cancellation of Removal for Certain Permanent Residents, INA § 240A(a), which requires having entered the United States lawfully seven years before the commission of the crime and having permanent residence for five years. Mr. Anastasio’s work in outreach about drug abuse would be a strong postive factor in his case, showing remorse, rehabilitation, and contributions to the community, all factors in the relief calculus. Posted March 17, 2013.


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