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Argument preview: What does it mean to “induce” or “encourage” unlawful...
Few lawyers would accuse the Immigration and Nationality Act of being well drafted. The current law was enacted in 1952, but includes bits and pieces dating back to the founding era, along with major...
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Argument analysis: Will a broad statute be saved by a narrowing construction?
Yesterday the Supreme Court heard argument in United States v. Sineneng-Smith, a government appeal from a reversal of criminal convictions by the U.S. Court of Appeals for the 9th Circuit. At issue was...
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Opinion analysis: Lawyers should lawyer, judges should judge – The court...
The Supreme Court today resolved United States v. Sineneng-Smith without reaching the merits of the underlying First Amendment question, instead holding that the U.S. Court of Appeals for the 9th...
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Case preview: Justices will confront statutory puzzle on bond eligibility for...
Pham v. Guzman Chavez, which will be argued on Jan. 11, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants...
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Argument analysis: A complex question of immigration bond
The Supreme Court heard argument on Monday by telephone in Pham v. Guzman Chavez, which raises a complex question about bond for migrants in removal proceedings. The justices asked hard questions of...
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The Supreme Court’s role in defining American citizenship
The following is a series of questions posed by Professor Gabriel “Jack” Chin, University of California, Davis School of Law, to Professor Amanda Frost, American University Washington College of Law,...
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Bond eligibility for certain noncitizens divides court along ideological lines
Congress provided that noncitizens who have been removed from the country but are found back in the United States should be expeditiously removed again. The second deportation occurs through a...
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A tale of three districts
It might be fairly said that in recent decades venue in criminal cases has not been the hottest topic on the court’s docket. Nevertheless, as the briefs in Smith v. United States emphasize, the...
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Venue is a platypus, a mixed-up animal
At the oral argument in Smith v. United States, there was no dispute that in the tradition of both English and U.S. law, venue was a fact issue presented to juries, and decided as part of their general...
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Unanimous court holds that the remedy for a venue error is retrial
In Smith v. United States, a unanimous court held on Thursday that when an appellate court finds that venue for a criminal trial was improper, the conviction should be vacated with the possibility of a...
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