Saturday, March 21, 2009


In the court case of Lopez v Gonzalez the final supreme court ruled in favor of Lopez. The court ruled , though Lopez was convicted of a felony and had to serve time in jail , he was only convicted of a misdemeanor according to federal and not subjected to deportation. So the final ruling was if you are convicted of a felony in a state but is only classified as a misdemeanor you cannot be convicted as a felony by the federal court."The Court rejected the government's interpretation of immigration law, ruling that a non citizen is not subject to mandatory deportation for a drug crime that, while a felony in the state where the crime was prosecuted, is only a misdemeanor under federal law."http://www.nytimes.com/ref/washington/scotuscases_IMMIGRATIONLAW.html.
It's hard to believe that a felony of state could only be treated as a misdemeanor in federal court. There is a similar case about a drunk driver who was in the united states illegally could not be deported because under federal law he is not consider a felony offense.LEOCAL v. ASHCROFT (2004) Is driving under the influence of alcohol, even when serious bodily injury results, an "aggravated felony" for which an immigrant can be subject to automatic deportation?http://www.nytimes.com/ref/washington/scotuscases_IMMIGRATIONLAW.html. The court Rules that defendant was not intentionally trying to hurt anyone that drunken driving according to federal law is only to be considered a accident. Hence the could not be treated as a felony and deported. "The Supreme Court ruled on Tuesday that driving under the influence of alcohol, even when serious bodily injury results, is not a ''crime of violence'' for which an immigrant can be subject to automatic deportation." http://query.nytimes.com/gst/fullpage.html?res=9D01EEDA113CF933A25752C1A9629C8B63&scp=2&sq=LEOCAL%20v.%20ASHCROFT%20(2004&st=cse. This case further supports federal law over state law. It really makes you think about the loop holes there are for immigration and why are government wonders why we are still have problems with illegal entry into this country. Why would you not want to stay in a country that allows you to break the law and still can't deport you.

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