Carachuri-Rosendo v. Holder (U.S. Sup. Ct. 2010) In this case, the Supreme Court held that for purposes of cancellation of removal, an applicant must actually be convicted of an aggravated felony to be disqualified from seeking such relief. The case arose because the respondent, a lawful permanent resident, had been convicted in Texas of possessing […]
Posts Tagged ‘drug possession’
Second Minor Drug Possession Conviction Is Not Aggravated Felony for Immigration Purposes
June 17th, 2010 
Max Nuyen Deferred Judgment with Suspended Fine Not Considered Conviction for Purposes of Removal
February 4th, 2010 Max Nuyen Retuta v. Holder (9th Cir. 2010) In this case, the 9th Circuit addressed the question of whether the definition of a “conviction” in accordance with 8 U.S.C. § 1101(a)(48) includes a judgment that withholds an adjudication of guilt and that only imposes a suspended fine. The case arose because DHS placed Retuta, an immigrant from […]
Posted in Deportation and Detention 
Tags: controlled substance, conviction, criminal convictions, deferred judgment, drug possession, minute order, removal, Retuta v. Holder, suspended sentence 
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