Immigration has continued to deport legal permanent residents for minor criminal offenses by calling them "aggravated felonies" for years. (In the 1990's it was DWI's, more recently minor drug offenses). A legal permanent resident convicted of an "aggravated felony" is not eligible for relief such as cancellation of removal and they are held in "mandatory detention" while their cases are pending.
Last month, the Supreme Court held that once again Immigration has been deporting permanent residents who should not have been deported. Jose Angel Carachuri-Rosendo was a lawful permanent resident when he was convicted for possession of a small amount of marijuana, which is a Class B misdemeanor amounting to 20 days jail time under state law. The following year, he was arrested and convicted for possessing a single anti-anxiety pill without a prescription, a 10-day sentence that was classified as a Class A misdemeanor in Texas. Immigration initiated deportation proceedings against Jose, charging that the state misdemeanor could have been prosecuted as an aggravated felony in a federal court. The Supreme Court held that the crime was not an aggravated felony and that Mr. Carachuri-Rosendo was eligible to apply for cancellation of removal.
The problem? There is no way back for the unjustly and illegally deported as Immigration takes the position that cases cannot be reopened once the person has been deported from the country.
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