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Lopez v. Gonzales
No. 05-547
    Lopez v. Gonzales, Attorney General


    Immigration Law, Criminal Law, Controlled Substances Act
  1. Whether an immigrant who is convicted in state court of a drug crime that is a felony under the state's law but that would only be a misdemeanor under federal law has committed an "aggravated felony" for purposes of the immigration laws.

  2. Has the Fifth Circuit erred in holding - in opposition to the Second, Third, Sixth, and Ninth Circuits - that a state felony conviction for simple possession of a controlled substance is a "drug trafficking crime" under 18 U.S.C. section 924(c) (2) and hence an "aggravated felony," under 8 U.S.C. section 1101(a) (43) (B), even though the same crime is a misdemeanor under federal law?
Decisions and Reports:


  • Docket Sheet - No. 05-547 From the U.S. Supreme Court.
  • Docket Sheet - No. 05-7664 From the U.S. Supreme Court.
  • Northwestern University - Medill School of Journalism: On the Docket

    Parties Counsel of Record

For Petitioner Lopez:

Robert A. Long Jr.
Covington & Burling
Washington, DC
For Petitioner Toledo-Flores
Timothy Crooks
Goldstein & Howe, P.C.
Houston, TX
For Respondent Gonzales, Attorney General:
Paul D. Clement
U.S. Solicitor General
Washington, DC


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