Topic > Lopez v. Gonzales Court Case Analysis - 1058

Even before the Declaration of Independence was written, the United States has always been a country where people travel to seek a better life in the land of the free to find a style of life based on the idea of ​​“life, liberty and the pursuit of happiness”. Because immigration is recognized as one of the greatest national security dilemmas, people value their own security, ignoring the fact that the United States was born of immigrants. However, this does not mean that immigrants should not obey the law; it is an obligation otherwise consequences will arise. Because the United States is a democratic nation, it trusts the people of the country to help make and implement its laws. When people commit a crime, especially a drug-related crime, it is very important to identify where the crime occurred. In some cases, if a crime is committed in the state where it is prosecuted, it is considered a crime under federal law. In Lopez v. Gonzales 417 F.3d 934, 935, Lopez, an immigrant from Mexico, residing in South Dakota, was imprisoned for "aiding and possession of cocaine." The crime is considered a felony under South Dakota law. However, it is simply a crime under the federal Controlled Substances Act. (CSA) In this case, Jose Lopez, a Mexican, immigrated to the United States illegally in 1986, but soon became a lawful permanent resident in 1990. He resided in the state of South Dakota, where he was charged and pleaded guilty to "aiding and aiding and abetting the possession of cocaine by another person,” which is likened to possession of a drug but is also considered a crime under South Dakota law and Lopez was sentenced to five years in prison. Shortly thereafter, the Immigration and Naturalization Service... halfway through the document... was brought back to Mexico. The ruling allows immigration judges to exercise greater discretion in determining whether immigrants with prior minor drug convictions who face deportation qualify for a no-waiver plea. Sometimes, immigrants are immorally subjected to the punishment of deportation simply because they made a bad decision in the past that resulted in a minor drug conviction. In this case, Lopez understands that he must follow the deportation order due to his drug conviction. Since the ruling allows him to invoke additional circumstances to obtain “cancellation of removal,” it is very difficult for him to demonstrate sufficient and adequate information to get rid of his criminal record, his illegal passage to the United States by crossing the border with Mexico, as well as his fraud in applying for permanent resident alien status.