Supreme Court issued its decision in Carachuri-Rosendo v. Holder (U.S. June 14, 2010) in which the Court unanimously rejected the government position that any second or subsequent simple possession drug offense can automatically be deemed a drug trafficking aggravated felony mandating deportation from the United States.  Specifically, the Court held that a second or subsequent state possession offense is not an aggravated felony as a “felony punishable” under federal law when the state conviction was not based on the fact of a prior conviction, as would be required for a federal felony recidivist possession conviction.  For practice advisories relating to this decision, click here.