Thursday, February 9th, 2017

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