In light of Padilla, we've got to keep up on immigration law. So here's a synposis of a SCOTUS opinion issued just this morning regarding aggravated felonies.
In Carachuri-Rosendo v. Holder, the petitioner, who was seeking discretionary relief from deportation, had two misdemeanor drug possession offenses. One was for possession of less than two ounces of marijuana, for which he received 20 days in jail. The other was for possession without a prescription of one tablet of an antianxiety drug, for he received 10 days in jail. He was not charged under a state recidivist provision. Luckily for him, the Court held "that second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction.”
Opinion at http://www.supremecourt.gov/opinions/09pdf/09-60.pdf
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