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Moncrieffe v. Holder

Docket No. Op. Below Argument Opinion Vote Author Term
11-702 5th Cir. Oct 10, 2012
Tr.Aud.
Apr 23, 2013 7-2 Sotomayor OT 2012
 
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Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.

Holding: 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, it is not an aggravated felony under the Immigration and Nationality Act.

Plain English Summary:

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.

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Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.   Holding: 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, it is not an aggravated felony under the Immigration and Nationality Act.   JudgmentReversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.
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