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High court sides with immigrant with minor record

By (Breaking Legal News)

The Supreme Court has ruled that an immigrant's second minor drug offense ? possession of a single tablet of an anti-anxiety drug without a prescription ? should not lead automatically to deportation. The justices on Monday unanimously reversed a federal appeals court ruling that upheld the deportation to Mexico of Jose Angel Carachuri-Rosendo.

"Caruchuri-Rosendo, and others in his position, may now seek cancellation of removal and thereby avoid the harsh consequence of mandatory removal," Justice John Paul Stevens wrote for the court. He noted that immigrants may still be deported in such instances, but said immigration judges have the discretion to allow people to remain in this country.

Carachuri-Rosendo, a Mexican native in his early 30s, had been in the United States since he was five. He was deported after two convictions in Texas in consecutive years. In 2004, Carachuri-Rosendo received 20 days in jail after pleading guilty to possessing less than two ounces of marijuana. The following year, he spent 10 days in jail after pleading no contest to possessing one tablet of the anti-anxiety drug Xanax without a prescription.

Full post as published by Breaking Legal News on June 15, 2010 (boomark / email).