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To Immigration Authorities: Beware of Calling Immigrants Felons

Immigration authorities should no longer arbitrarily interpret what "could" constitute an "aggravated felony," per this week's U.S. Supreme Court decision.

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Immigration authorities should no longer arbitrarily interpret what "could" constitute an "aggravated felony," per this week's U.S. Supreme Court decision.

A lawful permanent resident was removed from the United States for two misdemeanor drug possession offenses; for 2 ounces of marijuana in 2004, and the second, for carrying just 1 (one) tablet of Xanax without a prescription in 2005.

Jose Angel Carachuri-Rosendo, born in 1978, a lawful permanent resident living in the United States since 1983 was deported away from his four U.S. citizen children simply for these misdemeanor-drug possession offenses in Texas.

Attempting to provide some relief to Jose Angel, the Supreme Court suggested he "may now seek cancellation of removal and thereby avoid the harsh consequence" of his deportation.

Justice Scalia, known for his bold conservative views while claiming his reasoning was "more straightforward" concurred with the decision, no misdemeanor can possibly amount to a felony by any stretch of the imagination.

The most substantial progress in handling immigration cases will take place when the federal government actually abides by the principle stated in this week's decision: "Ambiguities in criminal statutes referenced in immigration laws should be construed in the noncitizen's favor."

Will this end the abuse of treating past misdemeanor offenses or even mere unsubstantiated "charges" AS IF they constituted convictions of "aggravated felony"?

When non-violent persons, carrying no deadly weapons, having no criminal intent to rob or murder, are treated as felons by immigration authorities the Supreme Court warns: "we must be very wary of the government position".

Arbitrariness by immigration authorities along with that of their phalanx of even more arbitrary state and local delegates are intent on scaring and harshly punishing non-criminal and non-violent immigrants.

Contrary to the harshness of the federal government, and the inhuman and racist perception pullulating the public opinion that all undocumented immigrants are criminal, we at least find some respite in the sanity of United States Supreme Court.

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