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Supreme Court Argument - Lopez v. Gonzales (Drug Crimes under the Immigration and Naturalization Act)

Sku:: OYZ030
Price:: US$40.00
Total Time:: 61
Credits:: Select State to Find Out

Course Description

Facts of the Case: Jose Lopez, a Mexican national living in South Dakota, was convicted of aiding and abetting the possession of cocaine. The crime is a felony under South Dakota law, but only a misdemeanor under the federal Controlled Substances Act.
The Immigration and Naturalization Service began proceedings to remove Lopez from the country. Lopez applied for a cancellation of his removal, citing the Immigration and Naturalization Act (INA). The INA allows an alien to avoid removal if he meets certain qualifications and has no prior "aggravated felony" convictions. Lopez argued that he was eligible for cancellation of his removal because his drug offense was only a misdemeanor under federal law.

An Immigration Judge denied Lopez's request for cancellation, and the Board of Immigration Appeals affirmed, on the grounds that Lopez had committed an aggravated felony. Lopez then sued the Attorney General and brought his case to the Court of Appeals for the Eighth Circuit. The Circuit Court affirmed the lower courts, ruling that a crime is an aggravated felony under the INA if it is a felony under either federal or state law.
Question: Does a drug crime constitute an "aggravated felony" under the Immigration and Naturalization Act if the crime is a felony under state law but only a misdemeanor under federal law?

About the Lecturer

Mr. Jeffrey B. Gold Esq.

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