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

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, strategies for noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe." - Manny Vargas, Dan Kesselbrenner, Sejal Zota, Isaac Wheeler, and Beth Werlin, May 2, 2013.