crimmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Articles
  • Books
  • Talks & Media

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 by the government that the “controlled substance” at issue is located on the federal -- and not just the state -- controlled substance schedules. This is because the Immigration and Nationality Act (“INA”) makes removable only those convicted of offenses “relating to a controlled substance (as defined in section 802 of Title 21)” (i.e., the federal controlled substance schedules). See INA § [...]

Posted by César on June 2, 2015 on 10:21 am 3 Comments
Filed Under: categorical approach, controlled substance offense, guest blogger, record of conviction, Symposium, U.S. Supreme Court

SCOTUS: Categorical approach is alive and well

The categorical approach isn’t going anywhere. That is clear from the Supreme Court’s majority opinion in Mellouli v. Lynch, No. 13-1034, slip op. (June 1, 2015), released this morning. Led by Justice Ginsburg, the seven justices in the majority took a firm line on the BIA’s decision to deviate from the time-tested categorical approach to statutory analysis used to determine whether a particular conviction results in deportability. The Board was wrong to do that, the Court explained, and thus reversed the Eighth Circuit’s decision affirming the Board. Along with seven other academics and [...]

Posted by César on June 1, 2015 on 11:56 am 2 Comments
Filed Under: categorical approach, circumstance-specific, controlled substance offense, Symposium, U.S. Supreme Court

Mellouli symposium continues: Jimson Weed

The online symposium on Mellouli v. Holder that launched Tuesday continues today with a musical interlude by Andrea Saenz, a Clinical Teaching Fellow at Cardozo Law’s Immigration Justice Clinic. Here’s Andrea’s original Jimson Weed, set to the tune of Michael Jackson’s “Billie Jean.” * * * It was more like a awful dream from a horror scene Deport an LPR math teacher based on a sock Now we’re back, seeking help, from the Court Don’t care what’s in the sock….Close enough, said the 8th Circuit Court He told me that he was charged by ICE, they were not so nice Said you had drugs and [...]

Posted by César on January 15, 2015 on 4:00 am Leave a Comment
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court

Online symposium on crimmigration law: Supreme Court hears Mellouli v. Holder

Can a sock result in removal? That’s the practical question that the Supreme Court will have contend with when it hears oral arguments in Mellouli v. Holder tomorrow. To clarify the case, crImmigration.com is launching an online symposium today featuring several practitioners and scholars with special insight into the key issues Mellouli raises. Today’s contributors—Alina Das, Jennifer Lee Koh, Nancy Morawetz, Maureen Sweeney, and Craig Shagin—represent a cross-section of academics and practitioners who have followed the issues that Mellouli raises for some time. All bring unique [...]

Posted by César on January 13, 2015 on 4:05 am 13 Comments
Filed Under: categorical approach, controlled substance offense, Symposium, U.S. Supreme Court, Uncategorized

Rethinking Removability for Possession of Drug Paraphernalia (aka a Sock)

By Jennifer Lee Koh In Mellouli v. Holder, the Supreme Court will again clarify the reach of the nation’s drug-related immigration provisions, as well as speak to the proper application and scope of the categorical approach in immigration law. In this case, the Court will determine what the government must prove to impose immigration consequences (such as deportation and detention) on noncitizens with convictions for possession of drug paraphernalia. Section 237(a) of the Immigration and Nationality Act (INA) renders noncitizens who have already been lawfully admitted to the U.S. (such as [...]

Posted by César on January 13, 2015 on 4:03 am 1 Comment
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court, Uncategorized

Drawing Outside the Lines

By Nancy Morawetz When the Supreme Court hears Mellouli v. Holder this week, it will be considering an argument from the Office of the Solicitor General (OSG) about the scope of the drug deportability statute that contradicts decades of caselaw from the Board of Immigration Appeals and is internally contradictory. That alone is reason for the Court to reject the OSG’s argument. But what about the merits of the OSG’s reading? The OSG argues that federal drug deportability applies whenever a person is convicted under a state law that covers substances not penalized under federal law if the [...]

Posted by César on January 13, 2015 on 4:02 am Leave a Comment
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court, Uncategorized

Of Socks, Categorical Analyses, and Realistic Probabilities

By Maureen Sweeney On January 14, 2015, the Supreme Court will hear oral argument in the case of Moones Mellouli v. Eric Holder, in which Mr. Mellouli challenges his removal from the United States for having been convicted of possession of drug paraphernalia (in his case, a sock). [This essay is part of an online symposium on crImmigration.com addressing Mellouli v. Holder. For other contributions, visit the symposium introduction here.] The Court has quite recently affirmed, and then reaffirmed, a straightforward application of a categorical approach to assessing the immigration [...]

Posted by César on January 13, 2015 on 4:01 am Leave a Comment
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court, Uncategorized

Moones Mellouli & the Unholy Relic: Why A Generic Paraphernalia Conviction Under a State Law Should Not Be A Deportable Offense

By Craig Shagin The quip is now common: Deportation is a practice of traffic court procedures with death penalty consequences. The Mellouli case illustrates the first part of this comment. It is my hope the Supreme Court will provide some shock therapy to the bullying, high speed, low thought process of deporting lawful permanent residents from the United States. The oral arguments are to be heard on Wednesday, January 14, 2015. I shall be listening with particular attention to the Court’s sensitivity to just how aggressive the Board of Immigration Appeals (BIA) has become in giving [...]

Posted by César on January 13, 2015 on 4:00 am 4 Comments
Filed Under: categorical approach, controlled substance offense, guest blogger, Symposium, U.S. Supreme Court, Uncategorized

  • « Previous Page
  • 1
  • 2
  • 3
  • 4
  • Next Page »

Subscribe


Recent Posts

  • Uvalde massacre & immigration law aid
  • Mistakes aren’t reviewable, Supreme Court says
  • ICE prosecutorial discretion guidance
  • Supreme Court again considers ICE’s detention powers
  • Troubled contractor gets $180 million to hold young migrants
  • Chronicling Arizona’s Immigration Politics

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.