Legal Question in Immigration Law in New York

Re: New law

I believe the new law you are referring to is the US Supreme Court's decision in a case called Lopez v. Gonzales (No. 05-547) (Dec. 5, 2006). In Lopez, the court answered the question what drug offenses are "aggravated felonies," which would trigger mandatory detention without the possibility of a waiver from deportation.

In Lopez, the Court said that the federal government many not apply the aggravated felony label to state felony drug possession offenses that would be misdemeanors under federal law. This means that STATE FIRST-TIME DRUG SIMPLE POSSESSION (except for possession of more than 5 grams of crack cocain and possession of flunitrazepam) are NOT aggravated felonies, even if classified as a felony by the state.

You should consult an immigration lawyer to discuss the particular facts of your specific case, because only after a full consultation with a lawyer will all the aspects of the case be properly addressed. While your question may be answered by the response here, it by no means should be a substitute for deciding whether your loved one can or will be deported. All aspects and facts of the case must be addressed.

We can help with issues relating to criminal deportation defense. If you would like to consult with us, do not hesitate to contact me.

Thank you and good luck!