2006 Supreme Court term

JOSE ANTONIO LOPEZ v. ALBERTO R. GONZALES ATTORNEY GENERAL

Dockets 05-547Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Mr. Kneedler, section 1101(a)(43)(B) of the Immigration and Nationality Act incorporates that definition, so a conviction that meets the federal drug‑trafficking definition can trigger immigration consequences.

An aggravated‑felony conviction can bar a non‑citizen from becoming a U.S. citizen because it forecloses the ability to establish good moral character.

Background and question before the Court

The Court is asked whether a state conviction that would have been punishable under federal law satisfies the definition of a drug‑trafficking crime for immigration purposes.

What each side argues

Petitioner Lopez

Source-limited. The record does not yet support a complete account.

Petitioner Toledo‑Flores

According to Mr. Crooks, Toledo‑Flores contends that the case is not moot because the sentence remains in effect and can affect future immigration outcomes, citing Campo Serrano as precedent.

According to Mr. Crooks, he also argues that a conviction under 924(c) can affect the ability to obtain a waiver of inadmissibility, referencing the Hamdi case.

According to Mr. Crooks, he warns that holding the appeal moot while the sentence is still enforceable would be unfair.

Respondent Attorney General

Source-limited. The record does not yet support a complete account.

United States

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Justice Kennedy asked whether a state conviction that would have been punishable under the Federal law meets the definition of a drug‑trafficking crime.

According to Justice Stevens, justice Stevens questioned whether a state felony can ever be punishable under a federal statute.

Chief Justice Roberts asked whether the parties conceded that a State offense could constitute illicit trafficking.

Justice Alito asked whether there is a uniform federal definition of a theft offense.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Because an aggravated‑felony conviction can block a non‑citizen from establishing the good‑moral‑character requirement, the outcome of this case could determine whether the petitioners can ever become U.S. citizens.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 278a97655844f5afd190-r1-e3765dd5a716713b.pdforal argument transcript

Guide generated September 21, 2026. Automated validation accepted this version.