The 14th amendment to the United States Constitution states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person…

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The Ninth Circuit got into it this year on a relatively minor issue, a section of the Immigration and Nationality Act, INA § 101(f)(1), which states that an “habitual drunkard” lacks good moral character. On March 24, 2016, a three-judge panel of the court, in Ledezma-Cosino v. Lynch concluded that the section is unconstitutional under the Equal Protection Clause because there is no rational basis to classify people afflicted by chronic alcoholism as innately lacking good moral character. Equal protection…

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It has been a while since I have blogged. My apologies. Between executive orders and all the other shenanigans (if high crimes and misdemeanors are shenanigans), I have been distracted. Having not been to a demonstration since I was 16 years old, I have recently been to three. They take away from blogging time. One topic I like to blog about is important or interesting cases. Sometimes I deal with a case where holdings are ignored, such as Momeni v….

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On Friday afternoon, President Donald J. Trump issued an executive order barring citizens of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, who are not also United States citizens, from entering the United States, initially for 90 days. People arriving at U.S. borders after the order was signed have been detained and some removed. On Saturday night district court judges stayed their removals – a New York judge stayed all removals – and a Virginia judge permanent resident removals. Lawsuits…

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