Under the Immigration and Naturalization Act, a non-citizen convicted of an “aggravated felony” is not only deportable, but also ineligible for “discretionary relief” — in other words, no special consideration.
Among the aggravated felonies covered by the INA is “illicit trafficking in a controlled substance.”
However, a conviction under state law “constitutes a felony punishable under” the Controlled Substances Act only if it proscribes conduct punishable as a felony under that federal law.
Adrian Moncrieffe, a legal Jamaican immigrant, was found by police in Georgia to have 1.3 grams of marijuana in his car and pleaded guilty under state law to possession of marijuana with intent to distribute. The U.S. government sought to deport him.
The Board of Immigration Review and a federal appeals court ruled against his request to stay in the country.
However, Moncrieffe’s conduct was not necessarily a felony under federal law, which requires that he receive some remuneration for the drug and more than a small amount of marijuana — not the 1.3 grams that brought the Georgia felony.
Writing for the court majority, Justice Sonia Sotomayor said if a non-citizen’s state conviction for a marijuana distribution offense “fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated [federal] felony under the INA.”
The ruling reverses the lower court and the board and sends the case back for a new hearing to conform with the opinion.
Copyright 2013 United Press International, Inc. (UPI).
What part of illegal alien committing a crime doesn’t anyone understand? Illegal alien ought to be enough for deportation.
This man was not an illegal alien. He was legal. “Adrian Moncrieffe, a legal Jamaican immigrant….” What part of legal don’t you understand.
Sorry, fuzzy brain and eyesight today. He still isn’t a citizen and should have his legal status rescinded for a crime, I believe. If you want to stay here, keep your nose clean.
This conservative supreme court is saying it thinks you’re wrong Katie. That’s what this story is about.
It’s time to move to a country more your liking, more your speed. Like say Iran.
I want to know who voted NO. I’ll bet they weren’t liberals! This was obviously an iffy decision if it went to the Supremes and was not unanimous. Wanting OUR laws enforced doesn’t mean someone should move to another country. NOT wanting our laws enforced does. If you want street drugs sold freely without penalty, go live in Mexico or Colombia.
It was a 7-2 decision with the most conservative members voting for the majority. Again Katie, your view of the world is falling apart. Those old ways are coming to an end. You lose again.
They need to be sent back! They are not legal to be here. I just don’t get it. Any other country and they would be booted out but we GIVE them everything.
I like it just fine right here but wouldn’t mind you moving sickastupd. And the justice who gave her opinion was a Obama flunky. What else would you expect from her. Why don’t you come here and see if I am UnAmerican and perhaps we can see if you big mouth can move me.
What the hell did I do?
Awe, what kind of world is it gonna be when red blooded Americans can’t use the war on drugs as a baseball bat over poor peoples lives. Poor babies…
I would live to use a baseball bat on your stupid head drugger.
Such language, LVS! Better watch yourself!
@seriously-sorry about that. I read it wrong.
@seriously-OK-either the heading is right “Illegal” or the text is “Legal” If he is illegal then I disagree, if he was legal I agree. Hows that for waffling?
Thanks, LVS. Now I know where I got the idea that he was an illegal!
1.3 grams, come on, that’s hardly what I would call, intent to distribute. Sounds more like nit picking…
@Allen-Come ON-What part of illegal alien don’t you understand. Combine that with drugs and what do you think should be done with the illegal alien?
Apparently he feels the same way as the supreme court. You’re un-american LVS and should move to country more your liking.
Adrian Moncrieffe, a ***(legal)*** Jamaican immigrant.