Thursday, October 1, 2009

Ninth Circuit Holds that a Probation Violation Terminates Eligibility for the Lujan Exception

Sad to report that a recent Ninth Circuit Court decision limits an immigrant's eligibility for the Lujan Exception to a First-time, simple possession narcotics conviction. The original holding in Lujan found that under the Equal Protection Clause of the Constitution, anyone, even an alien should be treated equally under the law.

Estrada v. Holder -

Now that this exception has been caved out of Lujan, it is essential that anyone eligible for relief under Lujan must not violate the terms of their probation or they will still face deportation.

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