Carachuri-Rosendo v. Holder
United States Supreme Court
560 U.S. 379 (2010)
Jose Angel Carachuri-Rosendo (Carachuri) (plaintiff), a lawful permanent resident of the United States, was convicted of two misdemeanor drug possession offenses in Texas. The first conviction resulted after Carachuri pleaded guilty to possessing less than two ounces of marijuana. The following year, Carachuri pleaded no contest to possessing one tablet of Xanax without a prescription. The prosecutor elected not to seek an enhancement of the punishment based on Carachuri’s prior conviction. Thereafter, the Department of Homeland Security initiated removal proceedings against Carachuri under the Immigration and Nationality Act (INA). Although Carachuri conceded that he was subject to deportation, he argued that he was eligible for discretionary relief from removal under INA § 240A(a). The immigration judge held that Carachuri’s second simple possession conviction was an “aggravated felony” that made him ineligible for cancellation of removal. The Board of Immigration Appeals (BIA) affirmed the judge’s order. Carachuri filed a petition against Attorney General Eric Holder, Jr. (defendant) to appeal the BIA’s decision in federal district court. The appellate court affirmed the BIA’s decision on the ground that “[i]f the conduct proscribed by the state offense could have been prosecuted as a felony” under the Controlled Substances Act, the conviction qualifies as an aggravated felony. See Lopez v. Gonzales, 549 U.S. 47, 60 (2006). Carachuri appealed. The U.S. Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Stevens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.