Interpreting the impact of convictions on removal getting a whole lot simpler.

Sunday, June 23rd, 2013

It was getting real complicated there for a while. There was a time when it was not that hard to figure out if someone was removable for a crime. Let’s start with the basics. Non-citizens of the United States who commit crimes can be deported for them.  Consider a non-citizen, called an alien under immigration laws, who committed a crime. We’ll call him a Criminal Alien, or CA. CA is convicted of murder. When he is done with his prison…

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…