Latest 3 Cases: Blake v. U.S. Attorney General (Criminal Law), United States v. Bankston (Criminal Law), Singh v. U.S. Attorney General ...

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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Blake v. U.S. Attorney General

Docket: 19-14316

Opinion Date: December 23, 2019

Judge: William Holcombe Pryor, Jr.

Areas of Law: Criminal Law

The Eleventh Circuit held that petitioner, a convicted drug trafficker who has illegally entered into the United States three times, was not entitled to an emergency stay of removal. The court denied his motion to stay removal and held that, although petitioner presented evidence that he faced a risk of grave harm if he was removed to Jamaica, more was required to prevail on his motion. In this case, petitioner failed to establish a strong showing that he was likely to succeed in proving that the BIA erred when it concluded that he was not entitled to file an untimely motion to reopen. The court granted petitioner's motions to seal his records before this court and will carry his motions for judicial notice with the case.

United States v. Bankston

Docket: 18-14812

Opinion Date: December 23, 2019

Judge: Grant

Areas of Law: Criminal Law

The Eleventh Circuit vacated defendant's sentence for possessing a firearm as a felon, possessing body armor as a violent felon, and distributing methamphetamine. The court held that the district court plainly erred by applying a two-level sentencing enhancement under USSG 3B1.5 for "use" of body armor in the commission of a drug trafficking offense. The court explained that, although the presentencing report asserted that defendant's sale of body armor amounted to use as a means of bartering, selling is an activity that under both common usage and dictionary definition falls outside of bartering. Rather, "barter" means to trade goods or services without using money.

Singh v. U.S. Attorney General

Docket: 18-12915

Opinion Date: December 23, 2019

Judge: Martin

Areas of Law: Immigration Law

Petitioner, a citizen of India, appealed from the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2241. Petitioner has been in ICE custody for 31 months and argued that he was entitled to release under the Supreme Court's ruling in Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491 (2001). In Zadvydas, the Supreme Court held that the Constitution limits detention of lawfully-admitted noncitizens under 8 U.S.C. 1231(a)(6) to a period reasonably necessary to bring about the alien's removal and does not permit indefinite detention. The Eleventh Circuit held that section 1231(a)(1)(C) requires that petitioner return the incomplete travel document application in bad faith, i.e., petitioner intentionally withheld the necessary information in order to apply. In this case, the court could not evaluate whether petitioner's removal period had been extended by operation of section 1231(a)(1)(C). Because there was insufficient evidence to evaluate the district court's denial of the petition for habeas relief, the court reversed and remanded.