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CASE ENTRY

Gonzalez v. Sessions

Illegal immigrant dinged for pot possession in 2002 in Wake County, N.C. gets no jail time or fines but must pay $100 court fees. Fast forward to 2015, and the feds move to deport him. Does the 2002 incident count as a “conviction” under the relevant statute, thus preventing him from applying to not be deported? No sir, says the Fourth Circuit; to count as a conviction, the statute says there must have been “some form of punishment, penalty, or restraint on the alien’s liberty,” and court fees don’t count. He can ask not to be deported.


Tags: 2018, Deportation, Fourth Circuit, Immigration

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