Copland and Brenner
Attorneys at Law
Practice Limited to U.S. Immigration and Nationality Law
Members, American Immigration Lawyers Association
- 410 Troy Schenectady Road
- Suite 201
- Latham, NY 12110-3217
- Telephone - 518/785-0175
- U.S./Canada - 1/800-990-5744
Immigration Articles of Interest
Carachuri-Rosendo v. Holder, Attorney General
In a decision rendered today, the U.S. Supreme Court reversed the Court of Appeals for the Fifth Circuit, holding that second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction. The Fifth Circuit had held that a simple drug possession offense, committed after the conviction for a first possession offense became final, is always an aggravated felony. The Supreme Court decision means that the petitioner, Jose Angel Carachuri-Rosendo, may apply for discretionary cancellation of removal.Source: Supreme Court of the United States | Full Article | Date posted: 6/14/2010