Monday, April 2, 2012
Supremes Grant Cert in Moncrieffe v. Holder: Is a Marijuana Conviction for a Small Amount an "Aggravated Felony"?
This morning, the Suprme Court granted cert in Moncrieffe v. Holder. Goldstein & Russell, P.C. represents the petitioner in this case. The question presented is whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the alien was convicted of conduct that would constitute a federal felony.
The Court has decided two cases this Term -- including one last week -- dealing with the immigration consequences of criminal convictions. Given the grant in this case, as well as the fact that the administration has escalated removal efforts of noncitizens with criminal convictions, it appears that we will see more such cases in the future.