Background
Lopez entered the United States illegally in 1986, but became a lawful permanent resident in 1990. In 1997, he pleaded guilty to aiding and abetting the possession of cocaine in a South Dakota court, and served 15 months in prison. When he was released, the INS sought to deport him because, it claimed, he had been convicted of a controlled substances violation and an "aggravated felony." An Immigration Judge ordered him deported, and the Board of Immigration Appeals ultimately affirmed that decision. Lopez petitioned for review in the Eighth Circuit, which the court denied. Because there was a conflict in the federal courts of appeals on how to classify crimes such as Lopez's, the Supreme Court agreed to hear the case.
Read more about this topic: Lopez V. Gonzales
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