John Marcus Ramsay, who immigrated to the U.S. and became a lawful permanent resident in 1971, was removed to Jamaica in 2007 based on a 1996 conviction for attempted sale of a narcotic drug under New York law. After serving in the U.S. Navy and starting a family and business, Ramsay was granted parole to return as a previously deported veteran in March 2025 while his case was pending.
The Second Circuit found the BIA abused its discretion when it concluded Ramsay should have acted after the 2017 Harbin decision rather than waiting for the 2023 Minter ruling that definitively held his conviction statute was "categorically overbroad." Judge Cabranes, writing for the panel, noted that "for Ramsay's motions to be successful, he had to convince the BIA that the term 'narcotic drug' was both indivisible and categorically overbroad," which wasn't established until Minter.
Ramsay moved to reopen his removal proceedings within 30 days of the September 2023 Minter decision, but the BIA denied his motion in November 2023, finding he failed to show "the requisite due diligence to warrant equitable tolling." The BIA concluded Ramsay should have acted after Harbin, which dealt with a different New York statute.
The case now returns to the BIA to reconsider whether Ramsay is entitled to equitable tolling in light of the Minter decision. The ruling could have broader significance for immigrants seeking to reopen removal cases based on subsequent circuit court decisions that narrow the scope of removal-triggering convictions.