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Justia Daily Opinion Summaries

US Court of Appeals for the Second Circuit
January 16, 2020

Table of Contents

Quito v. Barr

Criminal Law

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The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

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UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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US Court of Appeals for the Second Circuit Opinions

Quito v. Barr

Docket: 18-996

Opinion Date: January 15, 2020

Judge: Joseph Frank Bianco

Areas of Law: Criminal Law

The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to terminate removal proceedings, his applications for a waiver of inadmissibility and readjustment of status, and ordering him removed. The court held that petitioner's conviction for attempted possession of a sexual performance by a child, in violation of New York Penal Law 263.16, is an aggravated felony, and his remaining arguments failed to raise a colorable constitutional claim or question of law.

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