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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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Supreme Court will answer teed-up bail questions and decide felony-murder resentencing issue; it depublishes arbitration opinion

At the Lectern

The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. Specifically, the issue is whether a court, when resentencing for the felony underlying the vacated felony-murder conviction, can include an enhancement related to the underlying felony.

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Justices lean toward narrow reading of aggravated identity theft

SCOTUSBlog

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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The first relists of October Term 2022

SCOTUSBlog

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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This Week in Regulation for Broadcasters: March 26, 2022 to April 1, 2022

Broadcast Law Blog

For this action to be effective, the Senate would need to also vote on this bill to take the drug off Schedule I, which currently makes its possession and distribution (and the use of radio to promote it), a federal felony. Then the President would have to sign the bill. The permittee faces a $6,500 fine for these violations.

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Perhaps defining an “occasion” is not so difficult after all

SCOTUSBlog

The Armed Career Criminal Act mandates a 15-year mandatory minimum for Section 922(g) offenders (the federal felon-in-possession-of-a-firearm statute) with at least three prior violent felony or serious drug offense convictions, so long as those convictions were “ committed on occasions different from one another.”

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What constitutes “identity theft”?

SCOTUSBlog

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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