Moncrieffe v. Holder
Supreme Court of the United States
133 S. Ct. 1678 (2013)
Adrian Moncrieffe (plaintiff) was a Jamaican citizen who came to the United States legally in 1984 at age three. During a 2007 traffic stop, police found 1.3 grams of marijuana in his car. He was convicted of possession with intent to distribute under a Georgia statute, but only had to serve probation. The federal government then sought to deport Moncrieffe on the grounds that the Georgia conviction constituted an aggravated felony. Under the Immigration and Nationality Act (INA), a noncitizen who has been convicted of an aggravated felony may be deported, and is not eligible for discretionary relief from the Attorney General. The government reasoned that, because possession of marijuana with intent to distribute is an offense punishable under the Controlled Substances Act (CSA), the offense is an aggravated felony. An immigration judge ruled in the government’s favor and ordered to deport Moncrieffe. The Board of Immigration Appeals affirmed the deportation, and the Court of Appeals for the Fifth Circuit denied Moncrieffe’s petition for review.
Rule of Law
Holding and Reasoning (Sotomayor, J.)
Dissent (Alito, J.)
Dissent (Thomas, J.)
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