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Pair of immigration cases come to the court on key issue in some deportation proceedings

SCOTUSBlog

Congress extended the Immigration and Nationality Act, which regulates immigration into the United States, in 1988 to give immigration enforcement authorities, now the Department of Homeland Security, the power to automatically deport noncitizens convicted of an “aggravated felony” at the state or federal level.

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US DOJ sues Texas over state law criminalizing illegal entry from abroad

JURIST

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. It also empowers state magistrate judges to hear immigration cases and issue removal orders, in addition to giving law enforcement the responsibility of ensuring compliance with the law. Last month, Abbott signed SB 4.

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The morning read for Monday, Jan. 9

SCOTUSBlog

Here’s the Monday morning read: Is Encouraging Unauthorized Immigration Free Speech or a Felony? Fight over scope of attorney-client privilege reaches US Supreme Court (Joe Miller, Financial Times). To suggest a piece for us to consider, email us at roundup@scotusblog.com. Adam Liptak, The New York Times).

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Advocates Call for Prosecution of Clandestine Border Patrol Investigation Unit

The Crime Report

Immigrant rights advocates have called on San Diego District Attorney Summer Stephan to file charges against Border Patrol agents involved in the 2010 beating death of Anastasio Hernandez Rojas based on evidence that Critical Incident Investigative Teams (CIIT) within U.S. Border Patrol sectors along the U.S.-Mexico

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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

A jury found Dubin guilty of one charge of healthcare fraud and aggravated identity theft. The Supreme Court granted certiorari on November 22, 2022. The justices agreed to consider “whether a person commits aggravated identity theft any time he mentions or otherwise recites someone else’s name while committing a predicate offense.”.

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Injustice With Impunity: A Texas Tale

The Crime Report

Defense attorneys would have protested if they knew what was going on, but county and court officials kept the arrangement quiet among themselves. They complained to an immigration and employment attorney about long hours and poor living conditions. He had access to defense materials generally unavailable to prosecutors.

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Supreme Court to decide police immunity issue highlighted by law review article authored by now Court of Appeal justice

At the Lectern

Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge. The opinion affirmed the denial of a motion to vacate a 1989 conviction based on the defendant’s claim his defense counsel failed to advise him about the adverse immigration consequences of entering a guilty plea.

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