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.
