United States Second Circuit

Where Petitioner's state drug conviction could have been for nonremunerative transfer of as little as two grams of marijuana, his conviction is the equivalent of a federal misdemeanor under the Controlled Substances Act and therefore not an aggravated felony under the INA.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• CALABRESI, Circuit Judge:, Before:  WINTER, NEWMAN, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno (Jules E. Coven & Kerry W. Bretz, on the brief), Bretz & Coven, New York, N.Y., for Petitioner., Alina Das & Manuel Vargas, New York State Defenders Association, New York, N.Y.;  Nancy Morawetz, Washington Square Legal Services, New York, N.Y., Amicus Curiae in Support of Petitioner.


• For Appellees:
  
• Michael C. Heyse, Trial Attorney, Office of Immigration Litigation, for Jeffrey S. Bucholtz, Assistant Attorney General, Civil Division, Washington, D.C., for Respondent.