The Real World Consequences of Mellouli v. Lynch
By Michael Z. Goldman In Mellouli v. Lynch, No. 13-1034, slip op. (June 1, 2015), the Supreme Court made absolutely clear that a state drug conviction can only trigger removability if it can be shown...
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Mellouli Matters: Exploring The Categorical Approach Through Three Legal...
By Jennifer Lee Koh 4-0. 0-4. Over the past decade, the government has lost four times in a row in its defense of federal immigration laws that exact harsh immigration consequences upon noncitizens...
View ArticleHigh Court Finds Government a Four-Time Loser
By Sejal Zota In Mellouli v. Lynch, No. 13-1034, slip op. (June 1, 2015), the Supreme Court returned a measure of sanity to the government’s deportation rules. For the fourth time in a decade the...
View ArticleMellouli in the context of the modern deportation system
By Jason Cade On Wednesday, Jennifer Koh noted that Mellouli v. Lynch, 575 U.S. — (2015), marks the fourth time in ten years that the federal government has zealously litigated the application of harsh...
View ArticleLitigating Mellouli: Adventures in Team Whack-a-Mole
By Kate Evans In Mellouli v. Lynch, the Supreme Court reached what may now look like an inevitable result when, for the fourth time in a decade, it rejected an attempt by the government to deport a...
View ArticleThe “ordinary” case’s demise in criminal sentencing & its implications for...
By Linus Chan When Congress passed the Armed Career Criminal Act (ACCA) of 1984, federal courts needed to systematically decide what state convictions required sentencing enhancements designed to...
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Supreme Court hears crimmigration arguments today
Today the U.S. Supreme Court will hear oral arguments in the latest in its constant stream of crimmigration cases. As with many other Supreme Court crimmigration decisions, Torres v. Lynch, No. 14-1096...
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Immigration Arrests Violate the Fourth Amendment
By Michael Kagan The manner in which Immigration and Customs Enforcement (ICE) takes people into custody at the outset of removal proceedings fails to meet the constitutional requirements for seizure...
View ArticleCategorical approach returns to Supreme Court
By Nicholas Anderson and Linus Chan The Supreme Court’s decision on Tuesday to grant cert in the Texas v. United States case has gotten quite a bit of deserved attention among the media, pundits, and...
View ArticleJustice Scalia’s Crimmigration Legacy
Andrea Sáenz Supreme Court Justice Antonin Scalia’s recent passing has spurred a wealth of commentary about his career and legal philosophy, including the recognition that the legendary conservative...
View ArticleUtah v. Strieff and the Exclusionary Rule’s Future in Immigration Court
By Katie Tinto Immigration scholars and practitioners should pay close attention to the outcome of Utah v. Strieff, a Fourth Amendment case argued before the U.S. Supreme Court two weeks ago. 357 P.3d...
View ArticleSupreme Court reinforces unconstitutionality of key sentencing phrase
All eyes this week were appropriately on the Supreme Court’s consideration of President Obama’s immigration executive actions. Just before attorneys in that monumental case took to the lectern Monday...
View ArticleReviewing Mathis v. United States
By Kelley Keefer and Linus Chan Justice Alito’s woeful tale of a misguided European driver in his dissenting opinion of Mathis v. United States is presented as a criticism to the Supreme Court’s...
View ArticleUtah v. Strieff and the Exclusionary Rule’s Future in Immigration Court –...
By Katie Tinto The availability of the exclusionary rule as a remedy for unconstitutional police conduct was recently further restricted by the Supreme Court in Utah v. Strieff, ___ S. Ct. ___, No....
View ArticleFed govt misrepresentations about detention data matter
Last week we learned that the federal government provided the Supreme Court with bad data about the length of time migrants remain in detention. When? In 2002 as the Court geared up to consider what...
View ArticleIs the border truly a shoot-at-will location?
The Fourth Amendment offers a powerful bulwark against the state’s power to deprive people of their liberty. Only with the intercession of a neutral arbiter, the text indicates, can the government...
View ArticleShould ICE or an immigration judge decide that a migrant deserves imprisonment?
The script is fairly simple: someone gets arrested and without much delay he is haled into court where a judge decides whether to grant bail. As depicted on television, this happens as a matter of...
View ArticleBorder Patrol shoots, Supreme Court punts
Seven years ago, Border Patrol agent Jesús Mesa shot and killed fifteen-year-old Sergio Adrián Hernández Güereca. On Monday, the Supreme Court refused to tell us whether Hernández’s parents can...
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Padilla should apply to all migrants
Of all the protections guaranteed by the United States Constitution, the right to counsel is arguably the most important. As the Supreme Court famously declared in Gideon v. Wainright, a criminal...
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Jennings v. Rodriguez highlights need for detention time limits
Justine N. Stefanelli The US Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. ___ (2018) (slip opinion), denying bail hearings to thousands of detainees is a serious blow to the rule of law....
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