Thursday, June 21st, 2018

Door Is Open to Unfair Deportation, Judges Say

"The 9th Circuit will not convene an 11-judge panel to review the
deportation of a Filipino man with a criminal record, though several
judges say the current decision "inexplicably" ignores the fact that the
immigrant is still appealing his sentence.    "The consequence is
that countless immigrants, including lawful permanent residents with
young U.S. citizen children and other strong ties to the United States,
are subject to immediate deportation should a trial court ever enter a
judgment of guilt against them," according to the dissent authored by
Judge Stephen Reinhardt. "Such a rule deprives immigrants who are
deported prior to appellate review of their due process rights when
pursuing an appeal, including consulting with their counsel, should they
even be able to obtain appellate counsel."  Chief Judge Alex
Kozinski and five other judges joined the dissent against their
colleagues who