Legal > The only point I am still not sure about, differant >

The only point I am still not sure about, differant opinions, is for Immigration purposes is 2nd time possession of marijuana an aggravated felony. Wisconsin statutes seem to list it as a felony but the conviction was given as a misdemeanor. If it is an aggravated felony this as I understand would eliminate the possibility for Cancellation of Removal/

Optional Information:
Milwaukee, Wisconsin

Customer (name blocked for privacy)

Dear Cottage 1953,

It does not matter, any longer how the state lists it. If the federal were to treat the charge as a misdemenor, according the latest supreme court decision, you have the right to appeal the deportation. Cancellation is never gauranteed, but the right to appeal based on the charge being treated as a misdemenor by federal courts, greatly increases your chances.

You are correct that any amount on a second offence in WI is considered a Felony. But, the recent supreme court decision was quite clear.

WITH REGARD TO THE FEDERAL: A second offence of any amount is a mis-demeanor. A third offence can be either a mis-demeanor or felony, depending on the amount and othe conditions, such as involving a minor or near a school, etc.

You still have ground to appeal any deportation hearing according to the recent supreme court decision?

REFERENCE : http://www.norml.org/index.cfm?Group_ID=4575

YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson

Related Answers