Moncrieffe v. Holder

569 U.S. 184 (2013)

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Nature of the Case

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Facts

The Immigration and Nationality Act (INA) provides that a noncitizen who has been convicted of an “aggravated felony” may be deported from this country and the INA prohibits the Attorney General from granting discretionary relief from removal to an aggravated felon, no matter how compelling his case. P is a Jamaican citizen who came to the United States legally in 1984 when he was three. At a 2007 traffic stop, police found 1.3 grams of marijuana in his car (two or three marijuana cigarettes). P pleaded guilty to possession of marijuana with intent to distribute, a violation of Ga. Code Ann. §16-13-30(j)(1) (2007). The trial court required that P complete five years of probation, after which his charge will be expunged altogether. D claimed that P had committed an aggravated felony. The possession of marijuana with intent to distribute is an offense under the CSA, 21 U.S.C. §841(a), punishable by up to five years’ imprisonment, §841(b)(1)(D), and thus an aggravated felony. An Immigration Judge agreed and ordered P removed. The Board of Immigration Appeals (BIA) affirmed. The Court of Appeals denied review. Because P’s Georgia offense penalized possession of marijuana with intent to distribute, the court concluded that it was “equivalent to a federal felony.” The Supreme Court granted certiorari.