Recent U.S. Supreme Court Decison on Felony Definition for Immigration Purposes

In a unanimous decision last week, the U.S. Supreme Court held that a lawful permanent resident convicted of a second minor drug offense does not necessarily become an “aggravated felon” for purposes of immigration. The Government had urged the Court to adopt a rule that would make a state misdemeanor drug offense an “aggravated felony” under Federal immigration law. Since the conduct at issue in the case would most likely not be punished as a felony in Federal court, the Court reasoned that the petty misdemeanor possession offense shouldn’t be considered an “aggravated felony” in the immigration context. Delivering the Opinion of the Court, Justice Stevens explained that the term “aggravated felony” refers to a serious or violent crime punishable by more than one year in prison. Commentators, such as Benjamin Johnson, Executive Director of the American Immigration Council, consider this decision “an important step toward addressing some of the absurdities of the immigration laws . . . that treat a shoplifter and a murderer in the same manner. Those laws have largely taken away the ability of immigration judges to look at the facts of a case and determine if the punishment fits the crime." The Court’s ruling could potentially affect thousands of immigrants, including lawful permanent residents.

For more information, please visit:
http://www.americanimmigrationcouncil.org/sites/default/files/docs/PressRelease-Carachuri-06-15-2010.pdf
http://www.supremecourt.gov/opinions/09pdf/09-60.pdf
http://www.nytimes.com/2010/06/15/us/15scotus.html?ref=immigration-and-emigration
http://www.latimes.com/news/nationworld/nation/wire/sc-dc-felony-drugs-20100614,0,2043153.story
http://www.huffingtonpost.com/renee-feltz/longtime-legal-resident-d_b_614343.html

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