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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 “drug trafficking crime” aggravated felony under the categorical approach.  The Court’s 7-2 decision is also likely to have a beneficial impact on some other key issues regarding the proper way to assess the immigration consequences of convictions.

Our practice advisory covers:

  1. the holding in Moncrieffe;
  2. the decision’s potential broader implications;
  3.  strategies for noncitizen criminal defendants; and
  4. steps that lawyers (or immigrants themselves) should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.

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