The Supreme Court of the United States announced a decision in one case today:
Moncrieffe v. Holder, No. 11-702: The Immigration and Nationality Act (INA) provides that a noncitizen convicted of an “aggravated felony” is deportable and ineligible for discretionary relief. “[I]llicit trafficking in a controlled substance” is listed as an “aggravated felony” under the INA. In this case, petitioner Moncrieffe, a Jamaican citizen who was in the United States legally, pleaded guilty under Georgia law to possession of marijuana with intent to distribute after he was found with 1.3 grams of marijuana in his car. An Immigration Judge ordered Moncrieffe removed after the Federal Government sought to deport him. The Board of Immigration Appeals affirmed, and the Fifth Circuit denied his petition for review. Today, the Court reversed, holding that if a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, the conviction is not for an aggravated felony under the INA.
The Court's decision is available here.