Moncrieffe v. Holder, 662 F.3d 387 (5th Cir. 2011), cert. granted, 132 S. Ct. 1857 (April 2, 2012) (No. 11-702)
The Supreme Court granted certiorari in an immigration case involving removability based on a “drug trafficking” aggravated felony conviction. The case involves the application of the categorical approach.
The question presented is:
Whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the [noncitizen] was convicted of conduct that would constitute a federal law felony.
The parties have submitted briefs, and the Court will hear oral argument on October 10, 2012.