Monday, December 14, 2009
The Supreme Court today granted cert in an immigration case. Here is the information that SCOTUS blog has on the case:
Title: Carachuri-Rosendo v. Holder
Issue: 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.
Under the Immigration and Nationality Act, a lawful permanent resident who has been “convicted”of an “aggravated felony” is ineligible to seek cancellation of removal. 8 U.S.C. § 1229b(a)(3). The courts of appeals have divided 4-2 on the question presented by this case.
SCOTUS blog has links for the
-- Opinion below (5th Circuit)
-- Petition for certiorari
-- Brief in opposition
-- Petitioner’s reply
-- Amicus brief of the National Association of Criminal Defense Lawyers et al.
-- Amicus brief of the Center on the Administration of Criminal Law
UPDATE: The University of Houston Law Clinic is the co-counsel for the noncitizen in the case and and will be assisting a D.C. law firm,O’Melveny & Myers with briefing before the Supreme Court.