Today, the Supreme Court issued its decision in Carachuri-Rosendo v. Holder (No. 09-60), which presented the issue of whether a person convicted under state law for simple drug possession (a federal misdemeanor) has been “convicted” of an “aggravated felony” on the theory that he could have been prosecuted for recidivist simple possession (a federal felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.
The Supreme Court announced today that a second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction.
Ruchi Thaker is New York City-based immigration attorney with extensive experience and excellent reputation for effective legal representation in simple and difficult immigration cases. I have experience in areas of deportation defense (criminal and non-criminal), federal court litigation, representation on appeals and motions with the immigration courts and the Board of Immigration Appeals, family-based immigration, asylum, naturalization, and consular processing.
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