Court to Consider Relationship between Aggravated Felonies and State Law Offenses

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.