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Supreme Court to Consider Whether Second Possession Conviction Constitutes an "Aggravated Felony"

Jan 22, 2010 | Supreme Court Litigation

The Supreme Court will hear an immigration case addressing whether a second drug possession conviction qualifies as an aggravated felony under INA § 101(a)(43)(B) (“drug trafficking crimes”). The specific question before the Court is “Whether a person convicted under state law for simple drug possession (a federal law misdemeanor) has been ‘convicted’ of an ‘aggravated felony’ on the theory that he could have been prosecuted for recidivist simple possession (a federal law felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.”

The case is Carachuri-Rosendo v. Holder, 570 F.3d 263 (5th Cir. 2009), cert. granted, 2009 U.S. LEXIS 9024 (U.S. Dec. 14, 2009) (09-60).

Oral arguments will be held at the Supreme Court on March 31, 2010.

Click here to read court documents related to this case that led up to the Supreme Court.

Ruchi Thaker