Carachuri-Rosendo v. Holder

Jose Angel Carachuri-Rosendo (Carachuri) (plaintiff), a lawful permanent resident, pleaded guilty to a misdemeanor marijuana possession charge and, the following year, pleaded no contest to a second misdemeanor possession charge (one Xanax tablet); the Texas prosecutor chose not to seek a felony recidivist enhancement for the second offense, even though such an enhancement was legally available. Facing removal proceedings, Carachuri sought discretionary cancellation of removal, but an immigration judge ruled his second conviction was an "aggravated felony" because the conduct could have been prosecuted as a recidivist felony, making him ineligible; the Board of Immigration Appeals and the court of appeals agreed, and Carachuri sought Supreme Court review.