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| Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | | Trump’s Upcoming Refusal to Leave Office: The Good News | | NEIL H. BUCHANAN |  | | In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election. | | Read More | | How the President and Attorney General Could Have Avoided the Geoffrey Berman Debacle | | VIKRAM DAVID AMAR |  | | Illinois Law dean and professor Vikram David Amar comments on the recent dispute over the U.S. Attorney for the Southern District of New York and explains what President Trump and Attorney General Barr could have done to avoid the problem altogether. Amar describes a process that, if followed, could have allowed the administration to appoint their first-choice candidate without causing the controversy in which it now finds itself. | | Read More |
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US Court of Appeals for the Eighth Circuit Opinions | | Ortiz v. Barr | | Docket: 19-1285 Opinion Date: June 23, 2020 Judge: Bobby E. Shepherd Areas of Law: Immigration Law | | The Eighth Circuit granted a petition for review of the BIA's decision affirming the IJ's finding that petitioner is removable under section 237(a)(2)(A)(i) of the Immigration and Nationality Act (INA) for having been convicted of a crime involving moral turpitude. The court held that petitioner's conviction for obstruction of legal process in violation of Minn. Stat. Ann. 609.50, subdiv. 2(2) does not categorically constitute a crime involving moral turpitude. The court stated that there is a realistic probability that Minnesota would apply its obstruction of legal process statute to cases that lacked the requisite degree of scienter necessary to constitute a crime involving moral turpitude. Furthermore, the level of harm required to complete the offense is also insufficient to constitute a crime involving moral turpitude. Therefore, the BIA erred in finding otherwise and the court vacated the order of removal. | | |
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