Monday, June 14, 2010
In another victory for immigrants in the U.S. Supreme Court (who won in three of four cases last Term and are doing quite well this Term -- including an important victories in Padlilla v, Kentucky and Kucana v. Holder), the Court today ruled for a long-term (since 1983) lawful permanent resident facing deportation and against the government in Carachuri-Rosendo v. Holder. The case presented the question whether a misdemeanor state drug possession conviction amounted to an "aggravated felony" under the U.S. immigration laws. The Court ruled "no" in the circumstances of the case before it.
Justice Stevens, also the author of the majority opinion in Padilla v. Kentucky, wrote for a unanimous Court, although Justices Scalia and Thomas concurred in the judgment. Download 09-60
Kudos to the University of Houston Immigration Law Clinic! Geoff Hoffman, Professor and Clinic Director, worked on the case with Sri Srinivasan of O'Melveny & Myers, along with Clinic students Charlotte Simon (2L), Magda Gonzalez (2L), and Andrea Boulares (2L).
UPDATE June 21: The U.S. Supreme Court has agreed to hear at least a dozen cases from people awaiting immigration action for drug convictions in light of the ruling in Carachuri-Rosendo.