Immigration · Primary-source case analysis

Carachuri-Rosendo: Simple Possession Was Not an Aggravated Felony Without Recidivist Adjudication

By Aneeta Mishra and Timothy Chan

Published April 24, 2026 · Updated October 17, 2026

Decision: Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010).

Carachuri-Rosendo limits when a state misdemeanor drug conviction can be treated as illicit trafficking and therefore an aggravated felony under the INA.

Texas prosecuted simple possession twice

Jose Carachuri-Rosendo received two misdemeanor convictions for simple possession. The second prosecution did not charge or establish a recidivist enhancement, although federal law could punish recidivist possession as a felony after specified procedures.

A hypothetical prosecution was insufficient

The government argued that the conduct could have been prosecuted federally as felony recidivist possession. The Court instead examined the conviction actually obtained and the procedural findings necessary to authorize the enhanced punishment.

Recidivism had not been established

Because the Texas case did not charge the prior conviction or secure the required recidivist finding, the second conviction was not for an offense punishable as a federal felony. It therefore was not an aggravated felony on that theory.

Disposition

The Court reversed and remanded, preserving the possibility that Carachuri-Rosendo could seek cancellation of removal. It did not decide whether discretionary relief should ultimately be granted.

Key takeaways

• Analyze the conviction actually entered, not a hypothetical charge.
• Check whether recidivism was alleged and adjudicated.
• Distinguish removability from aggravated-felony relief bars.
• Obtain the complete charging and judgment record.