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Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues

Released on Fri, May 03, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana.  The case has important implications not only for noncitizens charged with drug trafficking, but also for the application of the categorical approach in immigration proceedings. 

Yesterday, the Legal Action Center, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild issued a Practice Advisory, “Moncrieffe v. Holder:  Implications for Drug Charges and Other Issues Involving the Categorical Approach.”  The advisory discusses the holding of the case, the decision’s potentially broader implications, strategies for representing noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.

All of the LAC’s Practice Advisories are available on the LAC website.

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For more information, contact clearinghouse@immcouncil.org or call 202-507-7516.

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