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CARACHURI-ROSENDO v. HOLDER

Docket No.: 09-60
Certiorari Granted: Dec 14 2009
Argued: March 31, 2010
Decided: June 14, 2010

Topics:

Immigration and Nationality Act, immigration

PartyNames: Jose Angel Carachuri-Rosendo v. Eric H. Holder, Jr., Attorney General
Petitioner: Jose Angel Carachuri-Rosendo
Respondent: Eric H. Holder, Jr., Attorney General

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 570 F.3d 263

Jose Angel Carachuri-Rosendo
v.
Eric H. Holder, Jr., Attorney General
Question Presented:

:flOmega Under the Immigration and Nationality Act, a lawful permanent resident who has been "convicted" of an "aggravated felony" is ineligible to seek cancellation of removal. 8 U.S.C. ยง 1229b(a)(3). The courts of appeals have divided 4-2 on the following question presented by this case:flOmega flOmega Whether a person convicted under state law for simple drug possession (a federal law misdemeanor) has been "convicted" of an "aggravated felony" on the theory that he could have been prosecuted for recidivist simple possession (a federal law felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.

Question:

Has a person convicted under state law for simple drug possession been "convicted" of an "aggravated felony" on the theory that he could have been prosecuted as a recidivist, even though there was no charge or finding of a prior conviction in his prosecution for possession?

CARACHURI-ROSENDO v. HOLDER
ORAL ARGUMENT

March 31, 2010

Holding: reversed
Vote: 9-0
Opinion By:
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