The 9th Circuit Court has ruled that possession with intent to delivery marijuana is an "aggravated felony" under the Immigration and Nationality Act. As the law currently stands, a conviction of a crime that is considered determined to be an "aggravated felony" is big trouble for a lawful permanent resident. Unlike U.S. Citizens, lawful permanent residents are subject to permanent removal from the United States. A conviction for certain criminal offenses can be grounds for removal from the U.S. In some circumstances, a LPR who is "removable" may be able to avoid removal if one of the defenses or exceptions to removal applies. However, if a LPR is convicted of a crime that is determined to be an "aggravated felony" there is no relief available.

The definition of "aggravated felony" has been the subject of much litigation as it is not clearly defined and because it has such dire consequences for LPRs.

If you are an LPR and have been convicted of a criminal offense, especially a felony offense, it is important that you consult with a U.S. immigration attorney who can advise you about the potential immigration consequences of any plea agreement you and you criminal attorney may consider.