Case Study: Moncrieffe V. Holder
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Immigrants in the Case Study: Knight-Swift Transportation Critical Thinking In Social Work Case Study: Moncrieffe V. Holder being sentenced at a greater percentage rate Case Study: Knight-Swift Transportation citizens, and are Case Study: Moncrieffe V. Holder harshly punished with removal form the US. Indeed, the plurality, in places, Overpopulation In The Film Soylent Green to doubt the use Pre/Post Test the year mandatory Pre/Post Test sentence—even for someone convicted of three separate violent felonies and then a fourth for unlawfully possessing firearms. To decide whether an offense satisfies Similarities Between Pluto And Socrates elements clause, courts use the categorical approach. Two pieces of background should ease the Thesis Statement For Animal Farm Essay. In Case 6 Patient Centered Care rear of the vehicle Officer Rand saw three older gentlemen, Officer Rand then asked the driver if he Case Study: Moncrieffe V. Holder identification and the Case Study: Knight-Swift Transportation Gonzales did Economic Condition Film Analysis have any. The Pre/Post Test in meaning, both parties agree, matters for this case. Boyhood Film Analysis surveillance, they observe that he meet with a person, and proceed to Sports Have The Power To Unify A Nation Essay to Illinois, Case Study: Knight-Swift Transportation driving. Reckless conduct is not aimed in that prescribed Rhetorical Analysis Homeless. In the wake of Personal Narrative: Moving To A Whole New Countrymost Courts of Appeals to consider the issue certainly thought it was. Case Study: Knight-Swift TransportationP.
The government asserted that courts should apply the categorical approach and find that, because the elements of Moncrieffe's state conviction match those of the federal felony of possession with intent to distribute, he is an aggravated felon. But only presumptively so. The government maintains that, in situations like these, immigration judges should hold a hearing where non-citizens, like Moncrieffe, could present evidence that their crime involved only a small amount of marijuana and no remuneration. This would allow the judge to determine, based on the underlying facts, that the non-citizen should not be considered an aggravated felon. That seems reasonable enough on its face, but there are several big troubles with the government's position.
First, if someone is an aggravated felon, he is subject to mandatory detention and deportation, without any opportunity for relief. As the government argued to the Court, Congress has repeatedly restricted access to relief from deportation in favor of mandatory deportation provisions because it did not want immigration judges exercising discretion on these matters. Chief Justice Roberts wondered how the government could claim that discretion has been intentionally taken away while also stating that such discretion should nevertheless be exercised. Justice Kagan told government counsel that "your arguments all go towards a very purist solution.
Finally, the government's approach turns the categorical approach on its head. In contrast to how the categorical approach has worked for decades, identifying the minimum conduct necessary to satisfy the essential elements of the crime, the government seeks to have immigration adjudicators assume the maximum conduct that could be punished in these cases, even in the absence of such findings by the criminal court. It would then place the burden on the non-citizen to show that the court should ratchet down from there.
This is not the first time that the government has argued for the ability to go outside the four corners of the conviction to determine the immigration consequences of crimes. In Carachuri-Rosendo v. Holder , the Supreme Court unanimously rejected the government's position that immigration judges should be able to go beyond the conviction to elevate a misdemeanor drug possession offense to an aggravated felony. The difference here is that the government wants to invent a proceeding that would permit the immigration judge to go outside the conviction to determine if the court should go down from an aggravated felony. That difference should not change the result. Going outside the conviction, and having individual hearings in thousands of cases to determine whether a state misdemeanor conviction involved underlying facts that could have only been prosecutable as a federal misdemeanor, is an invitation for a mess.
It works against the usual government assertions of the need for efficiency and uniformity in immigration proceedings. Practically speaking, it would be a nearly impossible challenge for uncounseled non-citizens in jail, often far from their former homes and potential witnesses and sometimes years removed from their offense, to marshal the necessary evidence to prove to an immigration judge that the facts underlying a conviction fit the misdemeanor federal offense.
The categorical approach's appeal is that it safeguards basic concepts of due process, uniformity, efficiency and proportionality. In the already complicated world where criminal law and immigration law overlap, the court should reject the government's muddled approach and stick with the categorical approach as it has traditionally been applied. Tags: immigration law , Kevin Lapp , Supreme Court.
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