Carachuri-Rosendo v. Holder, 09-60.

Decision Date31 March 2010
Docket NumberNo. 09-60.,09-60.
PartiesJose Angel CARACHURI-ROSENDO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General.
CourtU.S. Supreme Court

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Sri Srinivasan, Washington, DC, for petitioner.

Nicole A. Saharsky, Washington, DC, for respondent.

Geoffrey A. Hoffman, University of Houston, Law Center, Houston, TX, Sri Srinivasan, Counsel of Record, Irving L. Gornstein, Loren L. Alikhan, O'Melveny & Myers LLP, Washington, DImmigration and Nationality Act, Washington, DC, for petitioner.

Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Michael R. Dreeben, Deputy Solicitors General, Nicole A. Saharsky, Assistant to the Solicitor General, Donald E. Keener, W. Manning Evans, Saul Greenstein, Andrew MacLachlan, Holly M. Smith, Washington, DC, for respondent.

Justice STEVENS delivered the opinion of the Court.

Petitioner Jose Angel Carachuri-Rosendo, a lawful permanent resident who has lived in the United States since he was five years old, faced deportation under federal law after he committed two misdemeanor drug possession offenses in Texas. For the first, possession of less than two ounces of marijuana, he received 20 days in jail. For the second, possession without a prescription of one tablet of a common antianxiety medication, he received 10 days in jail. After this second offense, the Federal Government initiated removal proceedings against him. He conceded that he was removable, but claimed he was eligible for discretionary relief from removal under 8 U.S.C.

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138 cases
  • Carachuri-Rosendo v. Holder
    • United States
    • U.S. Supreme Court
    • June 14, 2010
  • Johnson v. United States, Cr. No. 1:11-2132-MBS
    • United States
    • U.S. District Court — District of South Carolina
    • July 23, 2015
    ...21 U.S.C. § 841(b)(1)(A). Specifically, Movant argues that (1) her prior state conviction was not a felony pursuant to Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010), and United States v. Simmons, 649 F.3d 237 (4th Cir. 2011); and (2) pursuant to Alleyne v. United States, 133 S. Ct. 21......
  • Taylor v. Edenfield, Civil Action No. 6: 13-202-DCR
    • United States
    • U.S. District Court — Eastern District of Kentucky
    • February 19, 2014
    ...career offender under 21 U.S.C. § 841. More specifically, he contends that, in light of the Supreme Court's decision in Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010), and the Fourth Circuit's application of Carachuri-Rosendo to North Carolina's structured sentencing scheme in Simmons and......
  • Montes v. Benov, 1:11-CV-00963 LJO GSA HC
    • United States
    • U.S. District Court — Eastern District of California
    • June 22, 2011
    ...sentence enhancement was wrongfully imposed by the sentencing court pursuant to the Supreme Court decision in Carachuri-Rosendo v. Holder, ___ U.S. ___, 130 S.Ct. 2577 (2010). Petitioner states he has already appealed his conviction and filed a motion to vacate his sentence pursuant to 28 U......
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