Sanchez-Villalobos v. United States

Amicus curiae brief of the Immigrant Defense Project of the New York State Defenders Association, the National Association of Criminal Defense Lawyers, and the Immigrant Legal Resource Center arguing the U.S. Supreme Court should review the question of whether a state drug misdemeanor conviction is properly characterized as an “aggravated felony” by the Department of Homeland Security.

Brief filed: 10/14/2005


Sanchez-Villalobos v. United States

United States Supreme Court; Case No. 05-484

Prior Decision

On certiorari to the U.S. Court of Appeals for the Fifth Circuit

Question Presented

(1) Does state-law offense that would not be punishable as felony under federal law constitute "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)? (2) May recidivist enhancements be considered in determining whether offense would be punishable as federal felony and therefore constitute "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)? (3) Should available punishment, separate from classification of offense under state law, determine whether offense constitutes state felony and therefore "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)? 



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Nancy Morawetz, Washington Square Legal Services, Inc., New York, NY