SUPREME COURT RULING MAKES SOME DEPORTATIONS ILLEGAL
Clarification of law means new hope for some area families
(Kansas City, Mo. February 6, 2007)
A U.S. Supreme Court ruling late last year makes illegal the deportation of thousands of individuals who have already had to leave the United States, and has implications that could affect many others seeking residency, naturalization or asylum.
The court’s 8-1 decision in Lopez v. Gonzales held that drug possession convictions that qualify as state felonies, but are considered misdemeanors under the Federal Controlled Substance Act, are not punishable under the Immigration and Naturalization Act, and do not qualify as “aggravated felonies.” Therefore, such convictions may not be used as grounds for deportation.
“This becomes important because thousands of folks were therefore illegally deported from the United States. So, we need to get the word out to folks who have these drug convictions that they may still be eligible to legalize their status. Whether they are in the country or out of the country, their may be a way to help them,” said Rekha Sharma-Crawford, a Kansas City-based immigration attorney.
This means that all state first-time drug simple possession offenses—except for possession of more than five grams of crack cocaine and possession of flunitrazepam—are not considered aggravated felonies by the Federal Controlled Substances Act, even if they are classified as a felony by the state.
Prior to the court’s recent ruling, an aggravated felony on an individual’s record would have disqualified lawful permanent residents seeking asylum or naturalization for discretionary cancellation of removal. Now, non-citizens convicted of a state first-time simple drug possession offense may be eligible to apply for cancellation of removal.
“After ten years of darkness, the Supreme Court has finally provided some hope for families where a non-citizen has made a single, simple error in judgment,” said Sharma-Crawford.
This ruling could have implications for many Kansas-City area families, whom Sharma-Crawford encourages to contact a qualified immigration attorney if one of their members has experienced, or is facing, removal based on a drug possession conviction.