Saturday, March 21, 2009

The precedent that was established after this case is as follows. The supreme court ruled that even though you are convicted of a felony according to state law you are not necessarily convicted of felony in the federal courts. This First ruling on the case was, “The Immigration Judge ultimately ruled that despite the CSA’s treatment of Lopez’s crime as a misdemeanor, see 21 U. S. C. §844(a), it was an aggravated felony under the INA owing to its being a felony under state law”, http://www.law.cornell.edu/supct/html/05-547.ZS.html. Lopez filled for an appeal and the case was brought before the supreme court. The court had to decied what was the meaning behind Illict Trafficking. If they could prove that Lopez could be found guilty of this he would be considered a felony and would be grounds for removal. However they couldn’t because Trafficking is Trading and selling good for profit with lopez was not caught taken park in. “Conduct made a felony under state law but a misdemeanor under the CSA is not a “felony punishable under the Controlled Substances Act” for INA purposes”, http://www.law.cornell.edu/supct/html/05-547.ZS.html. This final ruling help decide a case where a drunk driver ran a light and hit two cilivians crossing the street. He was conviced of a dui and according to the state was charged as a “crime of Viloence”. The definition of these words were very questionable for this case since the individual wasn’t intentionally trying to cause bodlily harm to the people he hurt. The federal court found that, “Other federal courts have held that crimes requiring mere negligence for guilt do not qualify as violent crimes under 18 U.S.C. § 16(a). Accordingly, the deportation of individuals based on DUI and similar convictions may vary geographically based on the local federal court’s interpretation of 18 U.S.C. § 16(a).” http://www.law.duke.edu/publiclaw/supremecourtonline/certGrants/2004/leovash. As the Lopez case he was not deported since under federal law he hadn’t commited a aggrevated felony. So the precedent established here is even though you are convicted as a felony in a state, you haven’t necessasrily commited a felony according to the federal courts and can appeakl your deportation. Sad because living in this country is a priviledge especially if your not born here. These people should not have been given a second chance.

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