June 16, 2009

U.S. Supreme Court Immigration Case on Criminal Issues in Removal/Deportation Proceedings

USSC: Nijhawan v. Holder

The U.S. Supreme Court has decided that immigration judges can look at the underlying circumstances of a conviction, and not just the criminal statute the foreign national was convicted of. This opens up immigration court removal/deportation proceedings to a full-blown criminal trial within an immigration removal hearing.

A complex, but very important case. Also, an example of how a bad case makes bad case law.

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