Moncrieffe v. Holder
Supreme Court of the United States
133 S. Ct. 1678 (2013)
Adrian Moncrieffe (plaintiff), a lawful permanent resident since age three, was found with 1.3 grams of marijuana during a traffic stop and convicted under Georgia law of possession with intent to distribute, receiving only probation. The federal government sought to deport him, arguing the Georgia conviction was an 'aggravated felony' under the Immigration and Nationality Act because it involved conduct punishable under the federal Controlled Substances Act; an immigration judge and the Board of Immigration Appeals agreed, and the Fifth Circuit denied review.
Whether a conviction for distribution of a small amount of marijuana constitutes an aggravated felony for purposes of the Immigration and Nationality Act.