Brief filed: 08/17/2009
Carachuri-Rosendo v. Holder
United States Supreme Court; Case No. 09-60
Decision below 570 F.3d 263 (5th Cir. 2009).
The perfunctory processing of low-level (misdemeanor) drug charges is rooted in the understanding that ordinarily defendants face less serious direct and collateral consequences. Essentially duped into believing that these charges were resolved with a quick plea, many non-citizens, including permanent legal residents, subsequently find themselves subject to deportation, despite the fact that they were charged with the most minor drug possession offenses that exist within state penal codes. The issue before the Court is whether a person convicted under state law for simple drug possession (a federal misdemeanor) has been “convicted” of a deportable “aggravated felony” where there was no charge or finding of a prior conviction in his prosecution for possession.
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Jim Walden and Richard A. Bierschbach, Gibson, Dunn & Crutcher LLP, New York. (Merits Brief: Carachuri-Rosendo v. Holder)