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After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

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Article: SCOTUS should overturn 5th Cir Carachuri-Rosendo conclusion that two possession convictions equals aggravated felony

In a Case Comment appearing in the latest issue of the Suffolk University Law Review, Lauren P. Gearty argues that the Supreme Court should disagree with the Fifth Circuit’s holding in Carachuri-Rosendo v. Holder, 570 F.3d 263, 267-68 (5th Cir. 2009) (discussing United States v. Cepeda-Rios, 530 F.3d 333, 335 (5th Cir. 2008)), “that a second possession offense may constitute an aggravated felony regardless of whether an alien is charged or convicted as a recidivist offender.” Lauren P. Gearty, Immigration Law-Second Drug Offense Not Aggravated Felony Merely Because of Possible Felony [...]

Posted by César on February 12, 2010 on 10:00 am 16 Comments
Filed Under: 5th Circuit Court of Appeals, aggravated felony, illicit trafficking, U.S. Supreme Court

Supreme Court to decide if multiple drug possession convictions are aggravated felony

On Friday, the Supreme Court announced that it has granted certiorari in two cases addressing whether multiple state drug possession convictions constitute an aggravated felony. Carachuri-Rosendo v. Holder, No. 09-60; Escobar v. Holder, No. 09-203. The Court's decision in these cases is likely to have significant impact on crImmigration because of the high number of people who are convicted of simple drug possession. In addition, given that an aggravated felony renders a non-citizen ineligible for Cancellation of Removal, this issue of immense importance to many non-citizens in removal [...]

Posted by César on December 14, 2009 on 9:44 pm 56 Comments
Filed Under: aggravated felony, illicit trafficking, U.S. Supreme Court

BIA: NY criminal facilitation is not illicit drug trafficking aggravated felony

In an unpublished decision in one of our clients' cases, the BIA held that a conviction for criminal facilitation in New York does not constitute an illicit trafficking type of aggravated felony. Taylor, A xx-xxx-801, slip op. (BIA Nov. 5, 2009) (Cole, Filppu, Pauley). Board member Pauley issued the decision for the BIA.Our client, a lawful permanent resident with substantial equities, was convicted of a controlled substance offense, a firearms offense, and criminal facilitation. We conceded the firearms offense under INA § 237(a)(2)(C) and, after fighting it for several months, lost [...]

Posted by César on November 10, 2009 on 2:35 pm 29 Comments
Filed Under: aggravated felony, Board of Immigration Appeals, illicit trafficking

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