

Two immigration cases López v. Gonzales & Toledo-Flores v. U.S.



The Decision

The Court rejected the government's interpretation of immigration law, ruling that a noncitizen is not subject to mandatory deportation for a drug crime that, while a felony in the state where the crime was prosecuted, is only a misdemeanor under federal law.



The Majority





The Minority







Background

Conviction of an "aggravated felony" has dire consequences for a noncitizen, including automatic deportation without the usual rights of appeal and a permanent bar against returning to the United States. As is often the case with questions of statutory interpretation, the argument was dry and technical but the human dilemmas created by the government's current interpretation have drawn considerable attention to the case.



Related Links

The Court rejected the government's interpretation of immigration law, ruling that a noncitizen is not subject to mandatory deportation for a drug crime that, while a felony in the state where the crime was prosecuted, is only a misdemeanor under federal law.Conviction of an "aggravated felony" has dire consequences for a noncitizen, including automatic deportation without the usual rights of appeal and a permanent bar against returning to the United States. As is often the case with questions of statutory interpretation, the argument was dry and technical but the human dilemmas created by the government's current interpretation have drawn considerable attention to the case. The Decision (supremecourtus.gov)



(supremecourtus.gov)

Argument Transcript (supremecourtus.gov)



(supremecourtus.gov)

Previous Supreme Court decisions about immigration issues





Does federal law prohibit the open-ended detention of Cubans who committed crimes in the United States but cannot be deported because the Cuban government refuses to take them back?

Yes 7 No 2  Related Article

 Text of Decision

LEOCAL v. ASHCROFT (2004)

Is driving under the influence of alcohol, even when serious bodily injury results, an "aggravated felony" for which an immigrant can be subject to automatic deportation?

Yes 0 No 9  Related Article

 Text of Decision

CLARK v. MARTINEZ (2005)Does federal law prohibit the open-ended detention of Cubans who committed crimes in the United States but cannot be deported because the Cuban government refuses to take them back?LEOCAL v. ASHCROFT (2004)Is driving under the influence of alcohol, even when serious bodily injury results, an "aggravated felony" for which an immigrant can be subject to automatic deportation?