Second Conviction for Simple Possession does not Mean Deportation for Legal Resident
The United States Supreme Court recently decided an important case for non-citizens, lawfully present in the United State, with multiple simple drug possession convictions. In CARACHURI-ROSENDO v. HOLDER, the Court shifted course, and held that a second conviction for simple possession is not necessarily an aggravated felony, and does not necessarily preclude immigration relief , i.e cancellation.
To best illustrate the essence of the holding, a hypothetical is helpful:
In 2003, John, who is in the U.S. legally, is convicted of a marijuana crime in the “state pretend” court. the maximum penalty he could face on the offense is 6 months in prison. Therefore, it is not an aggravated felony under federal law. the judge in state court sentences him to ten days in jail.