A little rain on the Moncrieffe parade

Tuesday, April 23rd, 2013

On April 23, 2013, the Supreme Court issued its decision in Moncrieffe v. Holder. In the case, a man, appropriately Mr. Moncrieffe, got convicted of a marijuana distribution crime in Georgia. Drug distribution felonies are categorized as aggravated felonies and render an alien deportable and ineligible for relief. In other words , such a crime results in near-certain deportation. Under federal law, distribution of a small amount of marijuana without remuneration is not deemed an aggravated felony. It was not…

A generation of pleading tactics may be down the drain.

Sunday, January 24th, 2010

Immigration lawyers involved in advising aliens who have been arrested and their criminal defense attorneys have honed skills in trying to mitigate the effects of a criminal conviction on immigration status. In other words, attorneys try to find ways for an alien to plead guilty so he or she will not be deportable, or if he or she cannot avoid deportation, he or she will at least be able to ask for relief (forgiveness) so as not to be deported….