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Under NY Penal Law § 221.40 drug conviction do not qualify as Aggravated Felonies

The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law § 221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)

aggravated felony

felony

conviction

Under immigration reform USA, here are exceptions to the priorities of deportation

 

Offense involving possession of 30 grams or less of marijuana

The court held that INA §237(a)(2)(B)(i) which exempts from removal those convicted of a single offense involving possession of 30 grams or less of marijuana for one’s own use does not apply to persons with more than one drug conviction. (Rodriguez v. Holder, 8/23/10)