Draft:Carachuri-Rosendo v. Holder
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Last edited by Jlvshistory (talk | contribs) 5 months ago. (Update) |
Carachuri-Rosendo v. Holder, 560 US 563 (2010), is a landmark decision of the Supreme Court of the United States in which the court held that a minor drug offence is not automatic grounds for a deportation of a legal immigrant.
| Carachuri-Rosendo v. Holder | |
|---|---|
 | |
| Argued March 31, 2010 Decided June 14, 2010 | |
| Full case name | Jose Angel Carachuri-Rosendo v. Eric Holder, Attorney General |
| Docket no. | 09-60 |
| Citations | 560 U.S. 563 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | Defendant convicted; State v. Carachuri-Rosendo; 570 F. 3d 263, United States Court of Appeals for the Fifth Circuit |
| Questions presented | |
| Has a person convicted under state law for simple drug possession been "convicted" of an "aggravated felony" on the theory that he could have been prosecuted as a recidivist, even though there was no charge or finding of a prior conviction in his prosecution for possession? | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stevens, joined by unanimous |
| Concurrence | Thomas (in judgement) |
| Concurrence | Scalia (in judgement) |
Background
[edit]Jose Angel Carachuri-Rosendo, a legal immigrant together with his parents came to United States from Mexico in 1983, where they became a permanent resident of Texas.[1]
In 2004, he pleaded guilty in possessing a marijuana, a local court sentenced him in 20 days of confinement. One year later, he pleaded nolo contendere for possessing one gram of Xanax, but he was not tried as recidivist.
In 2006, The Federal Government initiated a removal proceedings against him, Carachuri-Rosendo, filed an cancellation of removal, but the judge held that he was ineligible for cancellation of removal because of his second conviction was "aggravated felony". Carachuri-Rosendo, appealed to Board of Immigration Appeals (BIA), but it upheld the decision of the lower court. However, the Board of Immigration Appeals, disagreed with the judge's legal analysis, arguing that "...the BIA would not treat a second or successive misdemeanor conviction as an aggravated felony unless the conviction contained a finding that the offender was a recidivist."
Carachuri-Rosendo, appealed to the United States Court of Appeals for the Fifth Circuit, but the court affirmed the BIA's decision. The court argued that he was ineligible for cancellation of removal, because of his second previous conviction could be counted as felony under the Controlled Substances Abuse Act. The court also concluded that because he has been prosecuted in Federal court, the conviction qualified as an "aggravated felony", making him ineligible for cancellation of removal.
Carachuri-Rosendo, appealed to the Supreme Court of the United States suing Attorney General Eric Holder. The Court granted certiorari in December 14, 2009.
Decision
[edit]The Court unanimously sided with Carachuri-Rosendo, Justice John Paul Stevens wrote the majority opinion
References
[edit]- ^ Mosher, Clayton J.; Akins, Scott; Akins, Scott M. (August 22, 2013). Drugs and Drug Policy: The Control of Conciousness Alteration. United States: SAGE Publications. p. 443. ISBN 9781452256320.