Criminal Defense of Immigrants

The area in which the felony requirement was most debated was whether a state simple possession conviction, which would be a federal misdemeanor for a first offense, but a federal felony in the case of a second or subsequent offense, should be considered a “felony,” and therefore an “aggravated felony” for immigration purposes.[558]  The United States Supreme Court has recently held that a state felony conviction for first-time simple possession of a controlled substance is not an aggravated felony for immigration purposes since first-time simple possession is (generally) not a federal felony offense.[559]  See § 19.58(B), infra.

[558] 21 U.S.C. § 844.

[559] Lopez v. Gonzales, 549 U.S. ___, 127 S.Ct. 625 (Dec. 5, 2006).