Carachuri-Rosendo v. Holder (2009)
- Docket
- 09-60
- Decided
- 2009-01-01
Summary
Question: Has a person convicted under state law for simple drug possession been "convicted" of an "aggravated felony" on the theory that he could have been prosecuted as a recidivist, even though there was no charge or finding of a prior conviction in his prosecution for possession? Conclusion: No. The Supreme Court held that a minor drug offense is not automatic grounds for deportation of a legal immigrant. Writing for the majority, Justice John Paul Stevens reasoned that "although a federal immigration court may have the power to make a recidivist finding in the first instance, it cannot, ex post, enhance the state offense of record just because facts known to it would have authorized a greater penalty under either state or federal law." Justice Antonin Scalia and Clarence Thomas each filed an opinion concurring in the judgment only.