Thursday, April 20, 2017

Supreme Court Argument Preview: Argument preview: Lies, damned lies, and citizenship

Sct

Amy Howe on SCOTUSBlog previews the oral arguments in Maslenjak v. United States. which is scheduled for argument on April 26.  The denaturalization case raises the question whether the U.S. Court of Appeals for the 6th Circuit erred by holding, in direct conflict with the U.S. Courts of Appeals for the 1st, 4th, 7th and 9th Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement.  Howe concludes:

"The stakes in this case are high, not just for Divna Maslenjak but also for the millions of people who became naturalized U.S. citizens in recent years. Most of those naturalized citizens, of course, did not make false statements during the process of securing citizenship. But a ruling in the government’s favor could potentially expose many new citizens to the possibility of losing their right to live in the United States, even if their false statements did not necessarily influence the government’s decision to give them citizenship."

Maslenjak v. United States is one of a number of immigration cases before the Supreme Court this Term.  Stay tuned as we will see decisions in those cases, which involve crime-based removals, constitutional challenges to provisions of the Immigration and Nationality Act, a cross-border shooting, deference to agencies, and more.

KJ

http://lawprofessors.typepad.com/immigration/2017/04/supreme-court-argument-preview-argument-preview-lies-damned-lies-and-citizenship.html

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