Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Lopez v. Gonzales

Docket No.: 05-547
Certiorari Granted: 4/3/2006
Argued: October 3, 2006
Decided: December 5, 2006
Consolidated with: CONSOLIDATED WITH 05-7664 FOR ONE HOUR ORAL ARGUMENT.

Topics:

Commerce Clause, immigration, Immigration and Naturalization

PartyNames: LOPEZ v. GONZALES, ATTORNEY GENERAL
Petitioner: Jose Antonio Lopez
Respondent: Alberto R. Gonzales, Attorney General

Court Below: United States Court of Appeals for the Eighth Circuit

Jose Antonio Lopez
v.
Alberto R. Gonzales, Attorney General
549 U.S. 47 (2006)
Question Presented:

Whether an immigrant who is convicted in state court of a drug crime that is a felony under the state's law but that would only be a misdemeanor under federal law has committed an "aggravated felony" for purposes of the immigration laws.

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?

Holding: judgment reversed and remanded
Vote: 8-1
Opinion By:
Read LOPEZ V. GONZALES opinion (PDF)

Read opinion
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)