Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

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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