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Folder: Main Menu > Immigration > Training and Pro Se Materials for Advocates and Clients > Lopez v. Gonzales Pro Se Materials (Drug Possession and Aggravated Felony)

Pro Se materials for non-citizens with multiple drug possession convictions who want to challenge whether their convictions are "aggravated felonies." These materials are based on the the Supreme Court's decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006). In the Lopez decision, the Supreme Court held that a conviction of a felony under state law should only be treated as an aggravated felony if the same offense would be considered a felony under federal law. While simple narcotics possession is a felony in many states, in some cases it is a misdemeanor under federal law.

The included materials are for informational purposes and do not qualify as legal advice.


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  • Pro Se Advisory for Immigrants with Multiple Drug Possession Convictions: Instructions for Challenging Whether You Have Been Convicted of an Aggravated Felony (Immigrant Defense Project)

  • Sample brief in support of finding that respondent’s alleged subsequent drug possession offense is not an aggravated felony (Immigrant Defense Project, New York State Defenders Association)

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