Lopez v. Gonzales

In the case of Lopez v. Gonzales, Mr. Lopez was not a citizen of the United States and sued the U.S. seeking a ruling from the courts that the crime he had committed was not an aggregated felony under federal law. Lopez had committed a crime involving drugs. The crime that Lopez committed was not a felony under the Controlled Substances Act, but was deemed a felony in the state of South Dakota.

Lopez was convicted in South Dakota for the crime of aiding and abetting the possession of cocaine. After the conviction, the Immigration and Naturalization Service started the removal process of Mr. Lopez on the basis of his prior conviction on the drug charge. Lopez then made an application to cancel his removal from the country under the Immigration and Naturalization Act (INA). However, the cancellation of removal was denied by the court, as the judge stated that Lopez' drug conviction was an aggravated felony conviction. After the denial, Lopez then appealed to the Board of Immigration Appeals (BIA), but the ruling was affirmed. After the second appeal was not accepted, Lopez sued Attorney General Gonzales who allowed Lopez to appeal to the U.S. Court of Appeals 8th Circuit, but the BIA's opinion of the case was upheld. The Appeals court decided that any type of felony conviction in any state because of drugs was a felony under federal law and would therefore be a considered an aggravated felony under the Immigration and Immigration and Naturalization Act.

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