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 [...]
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In an unpublished decision in one of our clients' cases, the BIA held that a conviction for criminal facilitation in New York does not constitute an illicit trafficking type of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 [...]