Latest 2 Cases: Lepe Moran v. Barr (Criminal Law), Grigoryan v. Barr (Immigration Law)

A Profile of John J. Gleeson, the Trial Court’s Proposed “Friend Of The Court” in the Michael Flynn Case

JEFFREY MORRIS, RODGER CITRON

Touro law professors Jeffrey B. Morris and Rodger D. Citron conduct a profile of John J. Gleeson, the lawyer and former judge who has been appointed as a “friend of the court” to advise the federal district court on a matter where the U.S. Department of Justice is seeking dismissal of the case against former national security advisor Michael Flynn. Morris and Citron describe Gleeson’s background both on and off the bench and predict that, if given the opportunity to fulfill his role, Gleeson will certainly be fair and proper in determining the proper way to deal with Michael Flynn’s case.

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Is There Any Point in Talking About Trump’s Upcoming Refusal to Leave Office?

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.

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Lepe Moran v. Barr

Docket: 18-73167

Opinion Date: June 2, 2020

Judge: Susan Graber

Areas of Law: Criminal Law, Immigration Law

The Ninth Circuit denied a petition for review of the BIA's determination that petitioner's conviction for felony vehicular flight from a pursuing police car while driving against traffic, in violation of California Vehicle Code section 2800.4, is categorically a crime involving moral turpitude that made him removable. The panel applied the two-step process in determining whether California Vehicle Code section 2800.4 is categorically a crime involving moral turpitude by first reviewing the elements of the statute de novo and then by deferring, to some extent, to the BIA's conclusion that a crime involves moral turpitude. The panel concluded that it need not decide the appropriate level of deference because, even affording only minimal deference, the BIA's interpretation was correct.

Grigoryan v. Barr

Docket: 16-73652

Opinion Date: June 2, 2020

Judge: Murguia

Areas of Law: Immigration Law

The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The panel held that, although the IJ had jurisdiction to terminate petitioner and his family's asylum status, the government violated their due process rights by failing to provide them a full and fair opportunity to rebut the government's fraud allegations at the termination hearing. In this case, the admission of, and reliance on, the record of investigation (ROI) was improper and the ROI is the only purported evidence of fraud in the application. The panel held that, in any new hearing, the government must first prove asylum termination is warranted by a preponderance of the evidence; if petitioner and his family's asylum status is properly terminated, the agency must then conduct a hearing to allow them an opportunity to seek asylum and other relief from deportation; and, on remand, the government must afford them a full and fair opportunity to challenge the ROI.