In an 8-1 ruling, the Supreme Court has decided that some immigrants convicted of drug possession under state law may remain in the United States rather than being subject to deportation, according to law.com.
The justices ruled in favor of an immigrant who had been convicted of aiding and abetting possession of drugs, a felony under state law in South Dakota, for telling someone where to get cocaine.
The issue before the Supreme Court was the interpretation of the federal Immigration and Nationality Act, which says immigrants found guilty of aggravated felonies are subject to deportation.
Conduct that is a felony under state law but a misdemeanor under the Controlled Substances Act is not a felony for purposes of immigration, stated the ruling by Justice David Souter.
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