09-60 Carachuri-Rosendo v. Holder

By: dmc-admin//June 14, 2010//

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Immigration
Aggravated felonies

Second or subsequent simple possession offenses are not aggravated felonies under sec. 1101(a)(43) when the state conviction is not based on the fact of a prior conviction.
Considering the disputed provisions’ terms and their “commonsense conception,” Lopez, 549 U. S., at 53, it would be counterintuitive and “unorthodox” to apply an “aggravated felony” or “illicit trafficking” label to petitioner’s recidivist possession, see id., at 54. The same is true for his penalty. One does not usually think of a 10-daysentence for unauthorized possession of one prescription pill as an“aggravated felony.” This Court must be very wary in this case because the Government seeks a result that “the English language tells [the Court] not to expect.” Ibid.
570 F. 3d 263, reversed.
Local effect: The opinion overrules governing Seventh Circuit precedent. Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008).

09-60 Carachuri-Rosendo v. Holder

Stevens, J.; Scalia, J., concurring; Thomas, J., concurring.

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