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MELLOULI v. HOLDER

Docket No.: 13-1034
Certiorari Granted: June 30, 2014
Argued: January 14, 2015
Decided: 6/01/15

Topics:

Controlled Substances Act, EPA, Employee Retirement Income Security Act, Environmental Protection Agency, Immigration and Nationality Act, Natural Resources, immigration

PartyNames: Moones Mellouli v. Loretta E. Lynch, Attorney General
Petitioner: Moones Mellouli
Respondent: Loretta E. Lynch, Attorney General

Court Below: United States Court of Appeals for the Eighth Circuit
Citation: 719 F.3d 995
Supreme Court Docket

Moones Mellouli
v.
Loretta E. Lynch, Attorney General
Question Presented:

Under 8 U.S.C. $ 1227(a)(2)(B)(i), a noncitizen may be removed if he has been convicted of violating "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21) ...." Regarding removal based on a state conviction for possessing drug paraphernalia, the circuits are split on whether the paraphernalia must be related to a substance listed in Section 802 of Title 21, the Controlled Substances Act. To trigger deportability under 8 U.S.C. $ 1227(a)(2)(B)(i), must the government prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act?

MELLOULI v. HOLDER
ORAL ARGUMENT

January 14, 2015

Listen to Oral Argument in MELLOULI v. HOLDER
Holding: REVERSED
Vote: 7-2
Majority: Judgment Reversed. Ginsburg, Chief Justice Roberts, Scalia, Kennedy, Breyer, Sotomayor, Kagan
Dissenting: Thomas,Alito
Opinion By:

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MELLOULI v. HOLDER
Case Documents

1Slip Opinion in MELLOULI v. HOLDER (Opinion by Justice Ruth Bader Ginsburg)
2MELLOULI v. HOLDER Oral Argument Audio
3MELLOULI v. HOLDER Oral Argument Transcript