Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

A new case from the Supreme Court verifying what I have been arguing for years:

-Immigration-
Second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. Sec. 1101(a)(43) when the state conviction is not based on the fact of a prior conviction.
Carachuri-Rosendo v. Holder. Just because there are two possession crimes does not make it a trafficking crime.

Filed under: Immigration Attorney |