Supreme Court and Aggravated Felony – Decision in Carachuri-Rosendo v. Holder

Monday, June 14th, 2010

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 [...]

Carachuri-Rosendo v. Holder: Transcript of the Oral Arguments at the Supreme Court

Wednesday, March 31st, 2010

Today, the Supreme Court heard oral arguments in a very important case that will affect thousands of immigrants with criminal convictions in either a positive or a negative way (depending on what the court will decide).
Carachuri-Rosendo v. Holder (No. 09-60) presented the issue of whether a person convicted under state law for simple drug possession [...]

Criminal Defendants Entitled to Immigration Advice

Wednesday, March 31st, 2010

Today, the United States Supreme Court issued a decision in the case of Padilla v. Kentucky (No. 08-651), in which the Court announced that immigrants must be told by their lawyers whether pleading guilty to a crime could lead to their deportation.
The Court’s ruling came in the case of Jose Padilla, who was born [...]

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

Friday, January 22nd, 2010

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 [...]