SHOULD MINOR DRUG OFFENSES LEAD TO DEPORTATION?

JOSE ANGEL Carachuri-Rosendo was deported because of one tablet of Xanax.

This is the essence of a case on which the Supreme Court will hear
arguments Wednesday. Mr. Carachuri-Rosendo was convicted in Texas of
marijuana possession and, later, of possessing that tablet of Xanax,
an anti-anxiety drug for which he had no prescription. Both are
misdemeanors; he served a 10-day jail sentence for the Xanax. But the
federal government argued in immigration court that had Mr.
Carachuri-Rosendo been prosecuted in the federal system, the Xanax
charge could -- as a second offense -- have been a felony. And, that
could trigger mandatory deportation, stripping him of any chance to
present a case for mercy in immigration court.

Like many defendants whose cases end up before the Supreme Court, Mr.
Carachuri-Rosendo does not present as a sympathetic character. He has
been convicted of domestic-violence assault and, twice, of driving
with an invalid license. He was deported to Mexico in 2008, sneaked
back into the country and was once again arrested with a small amount
of marijuana; this time, serving six days in jail before again being
sent back to Mexico.

But these additional offenses don't figure into the legal issues
likely to be considered by the Supreme Court -- and, as in many such
cases, if the court gets its decision wrong, people potentially far
more deserving of another chance than Mr. Carachuri-Rosendo could be
hurt. Mr. Carachuri-Rosendo had been a lawful permanent resident
since 1993 and is subject to deportation for any criminal act, even a
minor one. But usually, after serving time or paying a fine in minor
cases, legal immigrants can appear before an immigration judge and
plead their case for staying in the United States. This is not so for
legal immigrants convicted of aggravated felonies, such as murder or
drug trafficking. Here, the immigrant has no right to challenge
deportation, and immigration judges have no choice but to order the
removal. The government claims that Mr. Carachuri-Rosendo's twin drug
misdemeanors put him into this category.

The court should conclude that the government is wrong in this case.
Congress intended mandatory deportation for drug traffickers and
other serious offenders, not for those who possess minuscule amounts
of marijuana or one anti-anxiety pill. Mr. Carachuri-Rosendo is
seeking the opportunity to convince an immigration judge that he
should stay in this country. The judge may well disagree. But a
questionable maneuver by the government should not deny him or others
like him of a chance to make a case.