June 15, 2010
The US Supreme Court has ruled that a second or subsequent state court conviction for simple drug possession which has not been enhanced is not an "aggravated felony" which would permit deportation or prevent re-entry into the United States.
Under federal immigration law, an "aggravated felony" is a category of crimes singled out for the harshest deportation consequences. The Supreme Court, in its ruling in Carachuri-Rosendo v. Erich H. Holder Jr. , Attorney General, held that a defendant convicted of a simple drug possession offense that has not been enhanced based upon prior multiple convictions has not been convicted of an aggravated felony. However, a subsequent enhanced conviction of simple drug possession under a recidivist statute still falls within the definition of aggravated felony.
This ruling will allow those being deported based upon subsequent simple drug possession convictions to seek cancellation of deportation or waiver of being barred re-entry into the United States.
If you have been charged with a drug or other criminal charge, call the Law Offices of Todd B. Eder, P.C., at (732) 937-9100 or contact us online.
April 29, 2010