Tuesday, February 28, 2017

Argument analysis: Justices divided on meaning of “sexual abuse of a minor” for removal purposes

Th

Yesterday, the Supreme Court heard arguments in Esquivel-Quintana v. Sessions, a case that arose from the U.S. government’s effort to remove a lawful permanent resident for a “sex crime.”   Here is my recap for SCOTUSBlog.  In my estimation,  the justices appeared closely divided on the question of statutory interpretation before the court.

My conclusion:

"In sum, the justices did not seem to have reached a consensus as to whether Esquivel-Quintana’s crime constituted “sexual abuse of a minor” under the immigration laws. The justices’ questions revealed the complicated interaction among the relevant statutory provisions; the high stakes of removal for lawful permanent residents, the complex state/federal issues involved, and the intersection of criminal and immigration law add to the difficulty and significance of this case. A decision is expected by the end of June."

KJ

https://lawprofessors.typepad.com/immigration/2017/02/argument-analysis-justices-divided-on-meaning-of-sexual-abuse-of-a-minor-for-removal-purposes.html

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