Simple possession not an aggravated felony. SCOTUS.
Today the Supreme Court of the United States decided that a state felony conviction for drug possession is not an aggravated felony unless it would be a felony under federal law. In this case the offense of possession would have only been a misdemeanor under federal law and was not akin to “trafficking” which is an aggravated felony under the Immigration and Nationality Act.
Though a conviction may still be a controlled substance violation, this decision means that remedies to removal such as “Cancellation of Removal” and “Voluntary Departure” are again on the table.
The decision can be found here.
Written by Justin G. Randolph, Esq. - Visit Website