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Johnson V. Arteaga-Martinez
''Johnson v. Arteaga-Martinez'', 596 U.S. ___ (2022), was a United States Supreme Court case related to immigration detention. Background Aliens who have been ordered to be deported by immigration courts can be detained by the federal government, pending their removal from the country. The statute that authorizes such detention does not contain a set time limit for the detention, but in '' Zadvydas v. Davis'' (2001), the Supreme Court read in a six-month limitation to avoid what it perceived were constitutional issues. Antonio Arteaga-Martinez filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania, arguing he was detained unlawfully due to the absence of a bond hearing. The district court granted his petition and ordered him released from detention, and after the federal government appealed, the United States Court of Appeals for the Third Circuit summarily affirmed, citing to its previous opinion in ''Guerrero ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Immigration Reform And Immigrant Responsibility Act Of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 that made major changes to the Immigration and Nationality Act (INA). IIRAIRA's changes became effective on April 1, 1997. Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive by restricting "due process opportunities for certain classes of individuals in removal proceedings". A range of critiques have emerged concerning the provisions enacted with IIRAIRA, such as the expansion of aggravated felonies, creation of the Immigration and Nationality Act Section 287(g), 287(g) program, reduction in due process rights, and intensified funding o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive Office For Immigration Review
The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These administrative proceedings determine the removability and admissibility of individuals in the United States. , there were sixty-eight immigration courts and three adjudication centers throughout the United States. History and jurisdiction EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the Immigration and Naturalization Service (INS), created in 1933, in the Department of Labor. Seven years later, in 1940, the INS moved from Labor to its present location in the Department of Justice. Twelve years after moving to DOJ, in 1952, the Immigra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Avoidance
Constitutional avoidance is a legal doctrine of judicial review in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. In '' Ashwander v. Tennessee Valley Authority'' (1936), the Supreme Court of the United States established a seven-rule test for the justiciability of controversies presenting constitutional questions: # Collusive lawsuit rule: The Court will not uleupon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions "is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act." # Ripeness: The Court will n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Middle District Of Pennsylvania
The United States District Court for the Middle District of Pennsylvania (in case citations, M.D. Pa.) is a district level federal court with jurisdiction over approximately one half of Pennsylvania. The court was created in 1901 by subdividing the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the Western District of Pennsylvania. The court is under the jurisdiction of the United States Court of Appeals for the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because Harrisburg, the state capital, is located within the district's jurisdiction, most federal suits against the Commonwealth of Pennsylvania are filed in the Middle District. Similarly, because York County Prison served as the largest Immigration and Naturalization Service (INS) facility in the Northeast, the Middle District also adjudicated many immigration case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SCOTUSblog
''SCOTUSblog'' is a law blog written by lawyers, legal scholars, and law students about the Supreme Court of the United States (sometimes abbreviation, abbreviated "SCOTUS"). Formerly sponsored by Bloomberg Law and now owned by ''The Dispatch'', the site tracks cases before the Court from the certiorari stage through the Merit (law), merits stage. The site live blogs as the Court announces opinions and grants cases, and sometimes has information on the Court's actions published before either the Court or any other news source does. SCOTUSblog frequently hosts symposiums with leading experts on the cases before the Court. The blog comprehensively covers all of the cases argued before the Court and maintains an archive of the briefing and other documents in each case. History and growth The blog's first post was published on October 1, 2002. Founded by Supreme Court litigator Tom Goldstein and former litigator Amy Howe, the blog began as a means of promoting their law firm then kn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garland V
A garland is a decorative braid, knot or wreath of flowers, leaves, or other material. Garlands can be worn on the head or around the neck, hung on an inanimate object, or laid in a place of cultural or religious importance. In contemporary times, Garlands are used to decorate, especially around holidays Etymology From the French , itself from the Italian , a braid. Types *Bead garland *Flower garland ** Lei – The traditional garland of Hawaiʻi. **Daisy chain – A garland created from the daisy flower (generally as a children's game) is called a daisy chain. One method of creating a daisy chain is to pick daisies and create a hole towards the base of the stem (such as with fingernails or by tying a knot). The stem of the next flower can be threaded through until stopped by the head of the flower. By repeating this with many daisies, it is possible to build up long chains and to form them into simple bracelets and necklaces. Another popular method involves pressing the f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since August 8, 2009. She is the third woman, the first Hispanic, and the first Latina to serve on the Supreme Court. Sotomayor was born in the Bronx, New York City, to Puerto Rican-born parents. Her father died when she was nine, and she was subsequently raised by her mother. Sotomayor graduated '' summa cum laude'' from Princeton University in 1976 and received her Juris Doctor from Yale Law School in 1979, where she was an editor of the ''Yale Law Journal''. She worked as an assistant district attorney in New York for four and a half years before entering private practice in 1984. She played an active role on the boards of directors for the Puerto Rican Legal Defense and Education Fund, the State of New York Mortgage Agency, and the New Yo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
