Thursday, April 10, 2014

Court Weighs Whether Deportation Fits Crime

The National Law Journal reports on oral arguments in the U.S. Court of Appeals on Wednesday in a case about whether immigration judges must consider whether deportation amounts to disproportional punishment for a legal permanent resident following a criminal conviction. The U.S. Court of Appeals for the First Circuit weighed that question in Hinds v. Holder. Rogelio Blackman Hinds, 59, a U.S. Marine Corps veteran, is fighting a Board of Immigration Appeals ruling upholding his removal. The immigration court ordered Hinds ordered Hinds removed to Panama in March 2013 because of drug and firearms convictions for which he served 18 years in prison. Hinds claims he should be allowed to stay because he’s lived in the United States for nearly 40 years, is married to a U.S. citizen and fears being targeted by a Panamanian gang to which he says his co-defendant belongs. Moreover, one of his five adult children is severely mentally and physically disabled and requires constant care. Hinds also claims severe health problems that may be linked to his military service, including epilepsy, anemia, high blood pressure and post-traumatic stress headaches. His brief argues that the Fifth Amendment and Eighth Amendment, which bans cruel and unusual punishment, require proportionality review. 


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"disproportional punishment for a legal permanent resident following a criminal conviction."

That is an odd argument given that deportation is not a legal punishment.

Posted by: Jack | Apr 10, 2014 10:58:22 PM

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