Lopez v. Gonzales
2006 United States Supreme Court case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about Lopez v. Gonzales?
Summarize this article for a 10 year old
Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting him.
This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. (August 2019) |
Lopez v. Gonzales | |
---|---|
Argued October 3, 2006 Decided December 5, 2006 | |
Full case name | Jose Antonio Lopez v. Alberto Gonzales, Attorney General of the United States |
Docket no. | 05-547 |
Citations | 549 U.S. 47 (more) 127 S. Ct. 625; 166 L. Ed. 2d 462; 2006 U.S. LEXIS 9442 |
Argument | Oral argument |
Case history | |
Prior | Order of removal affirmed by the Board of Immigration Appeals; petition denied, 417 F.3d 934 (8th Cir. 2005); cert. granted, 547 U.S. ___ (2005) |
Holding | |
Conduct that is a misdemeanor under the federal Controlled Substances Act is not a "felony punishable under the Controlled Substances Act," and hence an aggravated felony that makes an eligible for deportation, even if that conduct constitutes a felony under state law. | |
Court membership | |
| |
Case opinions | |
Majority | Souter, joined by Roberts, Stevens, Scalia, Kennedy, Ginsburg, Breyer, Alito |
Dissent | Thomas |
Laws applied | |
8 U.S.C. § 1101(a)(43)(B); 18 U.S.C. § 924(c)(2) |