Why did Congress include the “Aggravated Felony” Provisions in the INA?
Attorney General Holder also looks to Congress’s purpose in including the “aggravated felony” provisions of the INA to support his position. See Brief for Respondent at 38. He argues that Congress, in response to members of the public who viewed criminal aliens without favor, determined that “aliens who commit serious drug crimes should be removable from the United States and should not be eligible for immigration benefits.” Id. Looking to the history of the laws against recidivist drug possession, Holder argues that Congress clearly intended to deny immigration benefits to resident aliens who, like Carachuri-Rosendo, have been repeatedly convicted of drug possession crimes. See id. Carachuri-Rosendo, on the other hand, looks to the way Congress has treated drug possession in other provisions of the Controlled Substances Act to support his argument that the convicting court must make a finding of recidivism before he can be treated under the INA as having been convicted of an aggravate
