Comments on: Court limits deportation for drug crimes http://www.scotusblog.com/2006/12/court-limits-deportation-for-drug-crimes/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Alan Viard http://www.scotusblog.com/2006/12/court-limits-deportation-for-drug-crimes/#comment-10724 Alan Viard Tue, 05 Dec 2006 17:13:38 +0000 http://www.scotusblog.com/wp/uncategorized/court-limits-deportation-for-drug-crimes/#comment-10724 The first sentence of this post overstates the Court's holding. Under section 237(a)(2)(B)(i) of the Immigration and Nationality Act, a conviction for any drug offense (other than a single possession of 30 grams or less of marijuana for personal use) is a ground of removability. Accordingly, the type of offenses at issue in this case still "trigger potential deportation." But, such offenses will no longer trigger virtually automatic deportation. Under the Court's holding, these offenses are not aggravated felonies and therefore do not disqualify an alien from asylum and cancellation of removal. Although aliens convicted of such offenses are removable, they can now request these forms of relief from removal if they are applicable. Only aliens with a well-founded fear of persecution are eligible for asylum. But, any alien (with no aggravated felony conviction) who has been lawfully present in the United States for at least 7 years and has been in permanent-resident status for at least 5 years is eligible for cancellation of removal. Because cancellation is discretionary, the decision to grant or deny it depends upon a variety of factors, such as the nature of the removable offense and the alien's family and other ties to the United States. The petitioner in this case, Jose Antonio Lopez, can now have his request for cancellation of removal decided by the immigration judge and the Board of Immigration Appeals. In his removal hearing, the immigration judge stated that he would grant such relief if Lopez were eligible. Nonetheless, it is worth emphasizing that all drug convictions (other than the marijuana offenses mentioned above) still trigger potential deportation. Relief from removal will now be granted in some of these cases, but not in all. The first sentence of this post overstates the Court’s holding. Under section 237(a)(2)(B)(i) of the Immigration and Nationality Act, a conviction for any drug offense (other than a single possession of 30 grams or less of marijuana for personal use) is a ground of removability. Accordingly, the type of offenses at issue in this case still “trigger potential deportation.”

But, such offenses will no longer trigger virtually automatic deportation. Under the Court’s holding, these offenses are not aggravated felonies and therefore do not disqualify an alien from asylum and cancellation of removal. Although aliens convicted of such offenses are removable, they can now request these forms of relief from removal if they are applicable.

Only aliens with a well-founded fear of persecution are eligible for asylum. But, any alien (with no aggravated felony conviction) who has been lawfully present in the United States for at least 7 years and has been in permanent-resident status for at least 5 years is eligible for cancellation of removal. Because cancellation is discretionary, the decision to grant or deny it depends upon a variety of factors, such as the nature of the removable offense and the alien’s family and other ties to the United States. The petitioner in this case, Jose Antonio Lopez, can now have his request for cancellation of removal decided by the immigration judge and the Board of Immigration Appeals. In his removal hearing, the immigration judge stated that he would grant such relief if Lopez were eligible.

Nonetheless, it is worth emphasizing that all drug convictions (other than the marijuana offenses mentioned above) still trigger potential deportation. Relief from removal will now be granted in some of these cases, but not in all.

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