Moncrieffe v. Holder | |
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Argued October 10, 2012 Decided April 23, 2013 | |
Full case name | Adrian Moncrieffe, petitioner, v. Eric H. Holder Jr., Attorney General |
Docket no. | 11-702 |
Citations | 569 U.S. 184 (more) 133 S. Ct. 1678; 185 L. Ed. 2d 727; 2013 U.S. LEXIS 3313; 81 U.S.L.W. 4265 |
Case history | |
Prior | 662 F.3d 387 (5th Cir. 2011); cert. granted, 566 U.S. 920 (2012). |
Holding | |
If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act. | |
Court membership | |
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Case opinions | |
Majority | Sotomayor, joined by Roberts, Scalia, Kennedy, Ginsburg, Breyer, Kagan |
Dissent | Thomas |
Dissent | Alito |
Laws applied | |
Immigration and Nationality Act (1952) Controlled Substances Act |
Moncrieffe v. Holder, 569 U.S. 184 (2013), is a United States Supreme Court decision in which the court ruled in a 7–2 decision that "social sharing of a small amount of marijuana" by a legal immigrant does not constitute aggravated felony and so does not require mandatory deportation.[1][2]