Supreme Court Grants Cert. in CA5 Agg. Fel. Case: Moncrieffe v. Holder

Docket No. 11-702 Case below, 662 F.3d 387 (CA5, 2011)

Supreme Court Oral Argument Preview: The “War on Drugs” Meets Immigration Law (Again) in Moncrieffe v. Holder

"The question before the Supreme Court is whether a conviction under a state law that includes but is not limited to possession of a small amount of marijuana without remuneration may constitute an aggravated felony, notwithstanding that the record of conviction does not definitively establish that...

Supreme Court Oral Argument Transcript: Moncrieffe v. Holder

IN THE SUPREME COURT OF THE UNITED STATES - Oct. 10, 2012 .

KJ Recaps Moncrieffe Oral Arg

" Here is the transcript to the oral arguments before the U.S. Supreme Court this morning in Moncrieffe v. Holder . Click here for a preview of the issues in the case. Thomas Goldstein of Goldstein and Goldstein argued the case for Adrian Moncrieffe . Pratik Shah , Assistant to the Solicitor...

Supreme Court on 'Aggravated Felony' - Moncrieffe v. Holder

"The Immigration and Nationality Act (INA), 66 Stat. 163, 8 U. S. C. §1101 et seq., provides that a noncitizen who has been convicted of an “aggravated felony” may be deported from this country. The INA also prohibits the Attorney General from granting discretionary relief from...

Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach

"In Moncrieffe , the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This practice advisory discusses the holding of the case, the decision’s potential broader implications...

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit

"Katherine Brady of the Immigrant Legal Resource Center wrote this advisory, updated as of May 24, 2013 . Thanks to the authors of the Moncrieffe Practice Advisory cited above, and especially to Dan Kesselbrenner, Norton Tooby, Isaac Wheeler, and Su Yon Yi. Mistakes belong to the author. Copyright...

CA9 on Moncrieff, Categorical Match: USA v. Aguilera-Rios

"Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326. He contends...