This advisory applies to you if you (1) have been convicted more than once for possession of a drug and (2) are being charged by the Department of Homeland Security as having been convicted of an aggravated felony because of your drug possession offenses. The advisory includes background information on aggravated felonies and drug convictions, a sample brief that can be completed and submitted to the Immigration Judge, and instructions for writing and submitting the brief.

Please note that the attached sample brief addresses only the issue of whether a subsequent drug possession offense is an aggravated felony. This sample brief does not address all the legal issues that you might need to raise before an Immigration Judge. If you have additional arguments that you need to make in your case, you should add those arguments to any written briefs or oral arguments you make in immigration court.