Is a State Conviction for Possession with Intent to Distribute Marijuana an Aggravated Felony for Which an Alien May Be Deported Under the Immigration and Nationality Act?

Abstract

Case at a Glance: Moncrieffe v. Holder

Adrian Moncrieffe, who was convicted under a Georgia statute prohibiting the possession of marijuana with the intent to distribute it, asserts that his conviction does not amount to an “aggravated felony” for which he may be deported under the Immigration and Nationality Act. Moncrieffe argues that the state statute under which he was convicted punishes behavior that is treated as a misdemeanor under federal law and therefore does not satisfy the requirement that his conviction be “punishable as a felony” under federal law.

Keywords: U.S. Supreme Court, immigration law, Immigration and Nationality Act, criminal law, aggravated felony