Month: June 2013

Practice Advisory: Descamps v. US

IDP and the National Immigration Project of the National Lawyers Guild have issued a practice advisory on Descamps v. United States, in which the Supreme Court clarified the proper use of the “modified categorical approach” to analyze the immigration and federal sentencing consequences of prior convictions. The Court squarely rejected a rule adopted by some lower courts (as well as the BIA) … Read more »

Practice Advisory: Implications of Moncrieffe v. Holder

IDP, the American Immigration Council, and the National Immigration Project have issued a practice advisory on the implications for drug charges and other issues involving the categorical approach of the Supreme Court’s long-awaited decision in Moncrieffe v. Holder. The Supreme Court held that an offense that punishes the transfer of small amounts of marijuana for no remuneration cannot be deemed a … Read more »