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Supreme Court once again scales back government overreach on drug aggravated felonies

The Supreme Court has released its long-awaited decision in Moncrieffe v. Holder, holding 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.  Check back soon for an advisory explaining the Moncrieffe decision and its potential application to other issues.

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