Tags: US | Supreme | Court | Immigrants | Drugs

High Court Sides With Immigrant With Minor Record

Monday, 14 Jun 2010 01:11 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

The Supreme Court has ruled that an immigrant's second minor drug offense — possession of a single tablet of an anti-anxiety drug without a prescription — should not lead automatically to deportation.

The justices on Monday unanimously reversed a federal appeals court ruling that upheld the deportation to Mexico of Jose Angel Carachuri-Rosendo.

"Caruchuri-Rosendo, and others in his position, may now seek cancellation of removal and thereby avoid the harsh consequence of mandatory removal," Justice John Paul Stevens wrote for the court. He noted that immigrants may still be deported in such instances, but said immigration judges have the discretion to allow people to remain in this country.

Carachuri-Rosendo, a Mexican native in his early 30s, had been in the United States since he was five. He was deported after two convictions in Texas in consecutive years. In 2004, Carachuri-Rosendo received 20 days in jail after pleading guilty to possessing less than two ounces of marijuana. The following year, he spent 10 days in jail after pleading no contest to possessing one tablet of the anti-anxiety drug Xanax without a prescription.

In 2006, the federal government began deportation proceedings and said Carachuri-Rosendo could not appeal for leniency from federal authorities because his second conviction amounted to a serious, or aggravated, felony.

The 5th U.S. Circuit Court of Appeals in New Orleans agreed with the government. The Obama administration argued in the Supreme Court that ruling was correct because Carachuri-Rosendo's second conviction could have been treated as a serious crime under federal law.

But Stevens said the local prosecutor in Texas could have charged Carachuri-Rosendo with being a repeat offender, but didn't. So he was not convicted of a crime that would make his deportation automatic, Stevens said.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Small Plane Crash on Fla. Beach Kills Father, Injures Daughter

Monday, 28 Jul 2014 06:29 AM

A Georgia man is dead and his 9-year-old daughter is in the hospital with critical injuries after they were hit by a sma . . .

Plane Crash Kills Dad Walking on Beach With Daughter

Sunday, 27 Jul 2014 17:42 PM

Authorities say a father was killed and his daughter seriously injured while walking on the sand whe n a small plane cra . . .

Family of 5 Shot Dead in Maine, Gun Recovered

Sunday, 27 Jul 2014 20:54 PM

A family of five, including three children ranging in age from 4 to 12 years old, were found shot to death Sunday inside . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved