Muni-mail – SCOTUS: No Mandatory Deportation for 2 Simple Drug Possessions

[06/14/10 – 12:24 pm] Under federal immigration law, a immigrant who is lawfully in the United States and who has been convicted of an aggravated felony is subject to deportation with no possibility of waiver or relief in the courts. Further, under federal law, two separate simple possession of drugs offenses can constitute an aggravated felony. However, this morning, the United States Supreme Court ruled that for deportation purposes, a second or subsequent simple drug possession conviction under state law is not an aggravated felony in those cases where the subsequent conviction is not based upon evidence of a prior conviction. As a result, a person who has been convicted in state court of simple possessory offenses may seek a cancellation of deportation or a waiver of being barred from re-entry into the United States.

Download a copy of the case, Carachuri-Rosendo v. Holder.

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