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?

40 Preview of United States Supreme Court Cases, Oct. 1, 2012, at 34.

4 Pages Posted: 23 Sep 2020

See all articles by D. Carolina Núñez

D. Carolina Núñez

Brigham Young University - J. Reuben Clark Law School

Date Written: October 1, 2012

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

Suggested Citation

Núñez, D. Carolina, 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? (October 1, 2012). 40 Preview of United States Supreme Court Cases, Oct. 1, 2012, at 34., Available at SSRN: https://ssrn.com/abstract=3697465

D. Carolina Núñez (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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