Remove California Remove Felony Remove Immigration Remove Statute
article thumbnail

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.

article thumbnail

Court rejects non-citizen’s challenge to criminal re-entry charge

SCOTUSBlog

Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies.

Court 133
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Eight-case June calendar is last one before September

At the Lectern

The case presents issues relating to petitions for Special Immigrant Findings under Code of Civil Procedure section 155. Whether a court lacks jurisdiction under article XIII B, section 6 of the California Constitution to make subvention findings on statutes that were not specifically identified in an initial test claim.

article thumbnail

US Supreme Court rules states lack constitutional standing in key immigration case

JURIST

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

article thumbnail

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

At the Lectern

A concurring opinion in Leon notes that the Ninth Circuit has relied on the Supreme Court decision to construe the immunity narrowly so that “the same issue of California law likely would be decided differently in a federal courthouse.” Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge.

Court 40
article thumbnail

Freedom of Movement: Understanding Immigration Through The Lens Of Jaywalking Laws

The Crime Report

With the decriminalization of jaywalking in Nevada , Virginia and now California — the “ Freedom to Walk ” Act will take effect in Los Angeles in the new year — it appears that people understand this when it comes to jaywalking, but not when it comes to immigration. . Controlling Movement. In 1969, the Supreme Court held in Shapiro v.

article thumbnail

Government power, from federal agencies to counties, highlights January session

SCOTUSBlog

8 for a packed session of oral arguments – starting with immigration policy and the post-9/11 “No Fly List” and ending on Jan. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. California Coastal Commission and Dolan v. Garland and Garland v. .