Partner, Derek DeCosmo, argued an important issue before the U.S. Third Circuit Court of Appeals that will have a major impact on lawful permanent residents who have previously been convicted of a drug offense. Mr. DeCosmo argued that a conviction in New Jersey for possession of CDS with intent to distribute in a school zone is not a CDS conviction under federal immigration law. He further argued that the Government’s position breaks with almost thirty years of federal jurisprudence and practice of comparing a state criminal statute of conviction to the single most similar federal statute to determine whether or not the state conviction is aggravated felony for immigration purposes. You can listen to the argument at the link below.
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