Pubdate: Wed, 24 Apr 2013
Source: New York Times (NY)
Copyright: 2013 The New York Times Company
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298

A COMMON SENSE IMMIGRATION RULING

Federal immigration law prohibits the attorney general from letting a
noncitizen stay in the United States for any reason if he is convicted
of an aggravated felony. The immigration system has held that every
conviction for marijuana distribution is such a felony.

In a victory for common sense and fairness, the Supreme Court ruled
Tuesday, 7 to 2, that a conviction for marijuana distribution under
state law should not in all cases result in automatic
deportation.

Adrian Moncrieffe, a Jamaican citizen who arrived legally in the
United States in 1984 when he was 3 years old, was ordered deported by
an immigration judge because he pleaded guilty in 2008 to possession
of 1.3 grams of marijuana with intent to distribute under a Georgia
law; that amount is enough to make about three marijuana cigarettes.

The trial court gave Mr. Moncrieffe, a first-time offender, five years
of probation, after which the charge would be expunged.

The prosecution in the state case, however, did not prove that he had
more than a small quantity of marijuana or that he sold any of it.
Under Georgia law, "distribution" does not require receiving payment
for the drug. That "ambiguity," Justice Sonia Sotomayor wrote for the
majority, meant that the conviction "could correspond" to either a
federal misdemeanor or felony.

But even with a conviction deemed a misdemeanor, Mr. Moncrieffe could
still be deported. The difference is, with a minor offense he could
ask the attorney general to use discretionary authority to let him
stay. It serves justice to let him make that request.

It is unfair to equate a minor state drug offense with major federal
drug felonies and treat them as equivalent in deciding a defendant's
fate under immigration law. The sensible approach taken by the
justices in this case should be extended to other cases to prevent
minor state offenses from being unjustly used by the immigration
system to remove individuals.
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MAP posted-by: Matt