SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” Martha Hutton argues for Jean Francois Pugin.

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JURIST

NOVEMBER 21, 2023

The ACCA prohibits the purchase and possession of firearms by felons, fugitives, drug addicts, undocumented immigrants, dishonorably discharged members of the Armed Forces, those under domestic violence restraining orders, and others. ” Supreme Court precedent in Alleyne v.

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SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. 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.

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The Crime Report

NOVEMBER 5, 2021

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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JURIST

APRIL 28, 2021

The US Supreme Court on Tuesday heard oral arguments in HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association , a case regarding exemptions for small refineries from the Renewable Fuel Standards Program, and United States v Palomar-Santiago , which involves immigration law and noncitizen re-entry.

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The Crime Report

MARCH 28, 2022

People jailed for committing a new crime while on parole or probation account for two-thirds of the total prison time imposed by federal and state jurisdictions, according to a Penn State law professor. Jacob Schuman argues in a forthcoming Virginia Law Review article. inflicting what amounts to a “double punishment,” Prof.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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Healthcare Court Felony Statute 52

The Crime Report

JANUARY 6, 2023

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. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S.

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The Crime Report

MARCH 3, 2022

There have been more than 250 new laws passed in that 18-month period alone — amazing state efforts to roll back the malign effects of the 30-year crime war,” the CCRC details. On a more broad spectrum, a pardon may be necessary to enable anyone to run for elected office, or simply secure a professional or business license.

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SCOTUSBlog

MAY 20, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether Arizona’s sentencing law for juvenile offenders convicted of first-degree murder violates Miller because, although the law allows for the possibility of release, the state abolished parole for homicide in 1994.

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JURIST

MARCH 18, 2024

US Supreme Court Justice Samuel Alito indefinitely extended a stay blocking the enforcement of a Texas law that criminalizes illegal entry into the state from other countries. The US Court of Appeals for the Fifth Circuit later stayed that injunction, allowing the law to go into effect.

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JURIST

JUNE 24, 2023

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.

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Immigration Court Rules Court Statute 211

At the Lectern

AUGUST 19, 2021

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.” The appellate court held that, before a U.S.

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The Crime Report

MAY 28, 2021

immigration enforcement has largely shifted from the street to jails, resulting in overreach and an increase in incarceration, according to a North Carolina law professor. Jailhouse screening” was supposed to speed up immigration processes and identify undocumented immigrants who posed a threat to public safety.

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SCOTUSBlog

DECEMBER 2, 2022

Gene Deveraux was sentenced to 100 years in Montana prison for multiple sexual felonies against his former wife and stepdaughter. This week, we highlight cert petitions that ask the court to consider, among other things, whether the seating of a biased juror is the type of error that always requires a new trial.

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The Crime Report

APRIL 19, 2022

He also moonlighted as a law clerk for the same judges who presided over his cases. Overall, Petty simultaneously served as a prosecutor and law clerk at least 300 times. Our public interest law firm, the Institute for Justice, represents her. Eventually he filed a lawsuit under the state’s Right to Know Law.

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SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” Pugin pleaded guilty to being an accessory after the fact to a felony, while Cordero-Garcia was convicted of dissuading a witness from reporting a crime.

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JURIST

APRIL 7, 2021

Texas and Louisiana filed suit against the federal government Tuesday in the US District Court for the Southern District of Texas, alleging that immigration authorities declined to take custody of convicted individuals who could be subject to deportation.

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JURIST

JANUARY 26, 2024

. “ The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now ,” Governor Abbott’s statement reads.

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SCOTUSBlog

OCTOBER 28, 2021

Nonetheless, New York prosecutors charged Jose with second-degree criminal possession of a weapon, a “violent felony” that applies to virtually all simple firearm possession cases in New York, both outside and inside the home. In firearm-possession cases, New York’s penal law sweeps broadly. Faced with a 3.5-year

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Laws Felony Immigration Court 145

JURIST

JANUARY 22, 2024

Governor Abbot’s office claims since the launch of Operation Lone Star, there have been over 496,000 undocumented immigrant apprehensions and more than 38,500 criminal arrests, with more than 34,900 felony charges. That conclusion follows from centuries of this Court’s precedent.

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SCOTUSBlog

JULY 2, 2024

Paxton , the justices will weigh in on a challenge to a Texas law that requires any website that publishes content one-third or more of which is “harmful to minors” to verify the age of each of its users before providing access. The challengers contend that the law imposes a burden on adults’ access to that content, but the U.S.

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Immigration Court Laws Felony 112

SCOTUSBlog

MAY 24, 2023

The statute was amended in 1950 to remove burglary from the list, and in 1968 it was amended to add rape and murder, in part because a federal civil rights commission noted the omission of such serious felonies from the list. Lastly, we have a foursome of newly relisted immigration cases. Mencia-Medina v. Garland , A.B.

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Immigration Court Felony Statute 101

JURIST

JULY 17, 2023

The Southern Poverty Law Center (SPLC), American Civil Liberties Union (ACLU), Americans for Immigrant Justice (AIJ) and the American Immigration Council (AIC) filed a lawsuit Monday challenging the recently enacted Florida immigration law SB 1718 , one of the strictest immigration laws in the US.

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SCOTUSBlog

SEPTEMBER 21, 2023

The failure to comply with these requirements is a felony under Florida law. Pennsylvania’s law governing requirements for registered sex-offenders, he writes, “is in all relevant respects the same as Florida’s.” In 2017, Clements went to federal court, seeking to challenge the constitutionality of his conviction. Clements v.

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The Crime Report

JUNE 30, 2021

Advocates also say decriminalization will reduce the stigma that surrounds people involved in sex trafficking, most of whom are poor women and girls, immigrants and LGBTQ people. . Hawaii enacted a law last week that removes the statute of limitations for sex trafficking and distinguishes sex buyers from people selling sex.

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SCOTUSBlog

APRIL 19, 2024

All raise the same question: whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when a criminal defendant is charged with a felony. citizens and lawful permanent residents (known casually as “green-card holders”) can apply for a visa for their immediate relatives. Our last new relist is Bouarfa v.

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SCOTUSBlog

JANUARY 8, 2024

8 for a packed session of oral arguments – starting with immigration policy and the post-9/11 “No Fly List” and ending on Jan. That, the justices said, violated the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.” Smith was charged with five felony counts.

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SCOTUSBlog

APRIL 26, 2021

1326 , they must prove the existence of a prior removal order adjudicated by a federal immigration agency. Refugio Palomar-Santiago’s case illustrates two broader themes: first, the various interactions between the civil immigration and criminal legal systems, and second, the ongoing complexity of the immigration laws.

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SCOTUSBlog

NOVEMBER 22, 2023

The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” Under state law, Georgia contends, there was never a valid verdict in McElrath’s case, and he can therefore be retried.

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JURIST

MAY 9, 2024

Civil rights groups filed a complaint on Thursday against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.

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Immigration Laws Misdemeanor Felony 104

JURIST

JANUARY 26, 2023

Hong Kong residents in the US are not covered if they voluntarily returned to Hong Kong, have not continuously resided in the US, have been convicted of a felony or two misdemeanors, are subject to extradition, or have otherwise been determined by US officials to be unsafe to remain. China imposed the NSL on Hong Kong in June 2020.

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The Crime Report

APRIL 15, 2022

There are 36 licensed professions in New York State but massage therapy is singled out as the only one where licensure is enforced by local law enforcement rather than an industry-specific board. Members of law enforcement had sexually assaulted Song and threatened her with deportation during a previous sting. 2233-A (Sepulveda)/A.255-A

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JURIST

DECEMBER 19, 2023

Texas Governor Greg Abbott signed a bill into law Monday that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is normally a federal matter. The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses.

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The Crime Report

OCTOBER 12, 2021

Under current laws, noncitizens convicted of serious crimes are deported. But a Stanford University researcher argues that basing deportation decisions of immigrants on the level of criminality without looking at the length of time they have been in the U.S. In a forthcoming paper published in the Georgetown Law Journal, David K.

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JonathanTurley

JUNE 9, 2023

First, let’s look at the law. The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.”

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Laws Misdemeanor Attorney Felony 35

The Crime Report

JULY 7, 2021

needs to radically change existing immigration laws and policies to shift away from the mindset of “migrant sorting” by criminal status, according to a paper published in the Daedalus journal. Immigration and Criminal Justice Intertwined. The presidency of Donald Trump augmented this trend and brought it to public attention.

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