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2004 - 2003

  • Analysis of Supreme Court Decision Holding DUI Not a Crime of Violence (11/12/2004)
    Analysis and summary of Supreme Court ruling that that state driving under the influence (DUI) offenses with a mens rea of negligence or less are not crimes of violence, as defined under 18 U.S.C. § 16, and, therefore, are not aggravated felonies under INA § 101(a)(43)(F). (Leocal v. Ashcroft, 11/9/04.)
  • Unanimous Supreme Court Rules DUI Is Not "Crime of Violence"(163 KB - 11/9/2004)
    Court rules, 9-0, that state DUI statutes that either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle are not "crimes of violence" under 18 USC §16, which would have made the offense an aggravated felony. An editorial analysis of this case will be posted shortly. (Leocal v. Ashcroft, 11/9/04). AILA Doc. No. 04110940.
  • Supreme Court Finds Foreign Nationals Held at Guantanamo Entitled to Judicial Review of Custody (6/29/2004)
    The Supreme Court held that US Courts have jurisdiction to review the legality of custody of foreign nationals detained as "enemy combatants" at Guantanamo Bay Naval Base, Cuba. (Rasul v. Bush, 6/28/04). AILA Doc. No. 04062866.
  • Supreme Court Denies Padilla Case on Jurisdictional Grounds (6/29/2004)
    The Court held that Padilla’s petition should have been filed in the jurisdiction where he has been held in custody. Though it did not reach the merits in Padilla, in Hamdi v. Rumsfeld and Rasul v. Bush, the Court held that U.S. citizens held as "enemy combatants" are entitled to review before a neutral decisionmaker. (Rumsfeld v. Padilla, 6/28/04). AILA Doc No 04062864.
  • Supreme Court Finds Enemy Combatant Entitled to Opportunity to Contest Detention (6/28/2004)
    The Court held that a US citizen “enemy combatant” is entitled to notice of the factual basis for this classification and to contest the claim before a neutral decisionmaker. Similarly, in Rasul v. Bush, the Court held that non-US citizens detained in Guantanamo are entitled to review. (Hamdi v. Rumsfeld, 6/28/04). AILA Doc. No. 04062865.
  • U.S. Supreme Court Grants Certiorari in Another Indefinite Detention Case (3/18/2004)
    The U.S. Supreme Court granted certiorari in Crawford v. Martinez and consolidated it with Benitez v. Wallis to resolve a split in the Circuit Courts on the issue of whether its decision in Zadvydas v. Davis, finding indefinite detention unconstitutional, applies to non-admitted foreign nationals. (Crawford v. Martinez, 3/1/04).
  • Supreme Court Grants Certiorari to Review Whether DUI, Without Mens Rea, is a Crime of Violence (2/25/2004)
    The U.S. Supreme Court will decide whether, in light of Matter of Ramos, the petitioner who was convicted in Florida for driving under the influence with serious bodily injury, resulting in a 2½ year sentence, was convicted of a crime of violence and, therefore, an aggravated felony. (Leocal v. Ashcroft, 2/23/04).
  • U.S. Supreme Court to Hear Case on Removal to Country Without That Country's Prior Acceptance (2/24/2004)
    The U.S. Supreme Court granted certiorari to resolve a split in the Circuit Courts on whether the U.S. may remove a foreign national to a country which has not given prior acceptance to receiving that individual. Also noteworthy is that while the Circuit Courts differed on this issue, they agreed that INA section 242(g) did not bar jurisdiction. (Jama v. INS, 2/23/04)
  • Supreme Court to Address Whether Non-Admitted Foreign Nationals May Be Detained Indefinitely (1/21/2004)
    The U.S. Supreme Court granted certiorari in Benitez v. Wallis to decide whether its decision in Zadvydas, striking down indefinite detention of noncitizens awaiting removal, applies to individuals who have not been “admitted.” The Supreme Court’s decision to grant certiorari in this case will resolve a split in the Circuit Courts on the issue. (Benitez v. Wallis)
  • Justices Affirm Habeas Jurisdiction under §236, but Uphold Detention of Criminal LPRs(844 KB - 4/29/2003)
    Supreme Court, overturning Ninth Circuit, declares that criminal LPRs can be detained pursuant to INA §236(c) without individual bond hearing. A different majority, however, holds that §236(e) does not preclude habeas review of challenges to detention under §236(c). (Demore v. Kim, 538 U.S. __ , No. 01-1491, 4/29/03). (AILA Doc. No. 03042944). NOTE: This is a large PDF file.