A federal appeals court has ruled that California’s legalization of marijuana does not shield immigrants from deportation if they had been convicted of pot crimes just before voters authorized the new law in 2016.
The Ninth U.S. Circuit Court of Appeals in San Francisco denied on Friday the appeal of a lady who was convicted in 2014 of possession of marijuana for sale.
Claudia Prado, who is in Orange County jail facing deportation, got a state court to minimize her felony conviction to a misdemeanor beneath the new law. Prado then applied for political asylum, arguing that she need to not be removed simply because she was longer guilty of a felony crime.
On the other hand, the appeals court mentioned in a three- ruling that federal immigration law does not recognize the state’s choice to reclassify a valid conviction. The court also mentioned her conviction was reclassified for policy causes, but it was not overturned or expunged from the records.
Published: May well 12, 2019