The U.S. Supreme Court took up the question Tuesday of whether immigrants who are legal permanent U.S. residents should face mandatory deportation for relatively minor offenses such as possession of small amounts of drugs.
The case is being closely watched by thousands of immigrants in similar circumstances.
In one of two related cases before the court, Jose Antonio Lopez was ordered deported after he pleaded guilty to "aiding and abetting the possession of cocaine" in South Dakota in 1997.
The crime is a felony under South Dakota law but a misdemeanor under federal law if it is the offender's first conviction for cocaine possession, as it was in Lopez's case.
Immigration officials classified the conviction as drug trafficking, which qualified it as an "aggravated felony" under immigration law and thereby eliminated any possibility that deportation could be waived.
An immigration judge, a review panel and a federal appeals court upheld that view. Lopez, who was a permanent U.S. resident for 16 years, a shopkeeper and the father of two U.S. citizen children, was deported to Mexico and now faces a lifetime bar to re-entering the United States, unless the high court rules in his favor.
"The problem here is that state law and federal law are at odds in determining the gravity of the offense," Justice David Souter said Tuesday as the justices questioned lawyers from both sides.
The Bush administration argued that it correctly classified the drug convictions as aggravated felonies in the Lopez case and the companion case of Texas resident Reymundo Toledo-Flores, who was convicted of possessing a small amount of cocaine and likewise deported.
"The statutory definition of 'aggravated felony' encompasses large categories of criminal conduct under state law, without requiring a federal-law parallel," the U.S. solicitor general wrote in a brief to the court.
Department of Justice officials would not comment on the case Tuesday because it is in litigation.
Lawyers for Lopez and Toledo-Flores argued that the government was wrong to call the convictions "drug trafficking" and thereby prevent an immigration judge from weighing the crimes against other aspects of their lives such as their contributions to the community or the impact of deportation on their children.
A 1996 immigration law expanded the definition of aggravated felonies -- crimes for which no relief from deportation is available -- beyond serious violent crimes.
But three former general counsels of the U.S. Immigration and Naturalization Service said in a friend-of-the-court brief, "There is no clear indication that Congress intended the definition of aggravated felony to apply to drug offenses that are ... misdemeanors under the federal law."
Lindy Simon, 43, a home health aide who moved to New York from Trinidad at age 11, was convicted of possessing a small amount of marijuana eight years ago, a misdemeanor in federal court, and was ordered deported. Her case was not heard Tuesday, but her fate rests on the Supreme Court's decision because it is on appeal in federal court.
"I made a mistake and I take full responsibility," said Simon in a telephone interview after she attended the Supreme Court proceeding. "But I lived all my life up to then without so much as a parking ticket. Don't I deserve a second chance?"
But Mike Cutler, a former immigration agent and now a fellow with the Center for Immigration Studies, said the government's tough approach makes sense.
"Our country has the right to draw a line and say, 'Look if you're involved with possession or sale or trafficking of narcotics, we're going to send you home,' " said Cutler.
The cases are Lopez v. Gonzales and Toledo-Flores v. United States. The Associated Press contributed to this report. E-mail Tyche Hendricks at thendricks@sfchronicle.com.
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops
About MassCops, the home for Massachusetts law enforcement.
The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.
The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.
The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.
The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.
MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops