Friday, February 5, 2010

CJ Roberts and the Supremes Weigh When a Drug Misdemeanor is an "Aggravated Felony": Or, the Alice in Wonderland Quality of the U.S. Immigration Laws

SCOTUS blog is collecting materials on Carachuri-Rosendo v. Holder, which the Court granted cert in will be argued on March 31, 2010.  The issiue in the case is 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.

KJ

http://lawprofessors.typepad.com/immigration/2010/02/scotus-blogcarachuri-rosendo-v-holder.html

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