Georgia Criminal Lawyer Blog

In a unanimous decision the Supreme Court ruled that immigrants who are legally in the United States need not be automatically deported for minor drug offenses.  Jose Angel Carachuri-Rosendo is a permanent resident of the U.S.  In 2004, Mr. Carachuri-Rosendo was sentenced to 20 days in jail for possession of less than two ounces of marijuana.  In 2005, he was sentenced to 10 days in jail for possession of one tablet of Xanax without a prescription.

Although both offenses were misdemeanors under state law, federal authorities argued that a second drug offense counted as an aggravated felony under federal law.  Writing for seven justices, Justice Stevens said, “a 10-day sentence for the unauthorized possession of a trivial amount of a prescription drug” is at odds with the ordinary meaning of “aggravated felony” requiring deportation under 1101(a)(43).

Carachuri-Rosendo v. Holder available here