Pereida v. Wilkinson: Cancellation of removal after conviction under statute containing both eligible and ineligible offenses requires proof that actual offense is eligible

A noncitizen seeking cancellation of removal after a conviction under a statute which contains both eligible and ineligible offenses must prove their actual offense was eligible, the U.S. Supreme Court held March 4 in Pereida v. Wilkinson.    The Court […]

Brownback v. King: FTCA ‘judgment bar’ applies when district court lacked subject matter jurisdiction

The Federal Tort Claims Act “judgment bar” applies even where the plaintiff fails to establish all elements of his claim so as to deprive the District Court of jurisdiction, the U.S. Supreme Court held February 25 in Brownback v. King.     […]

Mays v. Hines: Federal habeas courts cannot disregard state court’s findings that evidence of guilt was overwhelming

A federal habeas court cannot disregard a state court’s finding denying postconviction relief on grounds that evidence of guilt was overwhelming, the U.S. Supreme Court held March 29 in Mays v. Hines.    Facts   Anthony Hines was convicted of a […]

Supreme Court opening opinions: qualified immunity, AEDPA, and military statute of limitations

The U.S. Supreme Court opened its October 2020 Term with short opinions on qualified immunity, AEDPA, and a military statute of limitations.   Qualified Immunity   In Taylor v. Riojas, decided Nov. 2, the Court held that corrections officers were […]

Barton v. Barr: Prior offense precluding cancellation of removal need not be the offense of removal

  A prior offense that precludes cancellation of removal of a lawful permanent resident need not be the offense of removal, the U.S. Supreme Court held April 23 in Barton v. Barr.    Andre Barton came to the U.S. lawfully […]

Kansas v. Glover: Investigatory stop of car owned by person with revoked license does not violate 4th Amendment, absent information the driver is not the owner

An officer who knows that a car’s registered owner has a revoked driver’s license can conduct an investigatory stop, absent other information that the driver is not the owner, the U.S. Supreme Court held April 6 in Kansas v. Glover. […]

Ramos v. Louisiana: Sixth Amendment requires juries be unanimous, but real debate is over stare decisis

The Sixth Amendment right to jury trial requires that jurors be unanimous in their verdict, the U.S. Supreme Court held April 20, 2020, in Ramos v. Louisiana.    The Court struck down procedures in Louisiana and Oregon that allowed conviction […]

Guerrero-Lasprilla v. Barr: Immigration Act allows courts to apply a legal standard to undisputed or established facts

The Immigration and Nationality Act does not prohibit federal courts from reviewing questions of law that involve applying a legal standard to undisputed or established facts, the U.S. Supreme Court held March 23 in Guerrero-Lasprilla v. Barr.    INA, 8 […]

Kansas v. Garcia: Federal I-9 employment verification law does not preempt state law prohibiting providing false information on other employment-related documents

The Immigration Reform and Control Act does not preempt state criminal laws for identity theft and fraud for conduct related to obtaining employment, the U.S. Supreme Court ruled March 3 in Kansas v.  Garcia.   IRCA, 8 U.S.C. Sec. 1324a, […]

9th Circuit Opinions Jan – April 2020

US v. Mayea-Pulido, No. 18-50223 (1-3-20)(Friedland w/M. Smith & Bastian). This is an equal protection challenge as to derivative citizenship.  The defendant was convicted of illegal reentry under 1326, but he argued that 8 USC 1432(a), by applying different requirements […]