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#fifthamendment

1 post1 participant0 posts today
Public
Nonilex

New filing yesterday in #MahmoudKhalil's case: Petitioner’s Supplemental Brief Regarding Vagueness Claims

The #Trump policy of targeting #noncitizens who speak out for #Palestinian rights & #MarcoRubio's use of the "foreign policy ground" for #deportation are impermissibly vague, & violate #FirstAmendment & #FifthAmendment rights.

storage.courtlistener.com/reca

Pursuant to this Court's order…the petitioner submits this supplemental briefing solely regarding his due process void-for-vagueness claims. These claims focus on the government's announced policy to arrest, detain, & seek to deport noncitizens who engage in protected expression in support of Palestinian rights or critical of Israel (the "Policy"), & its use of 8 U.S.C. 8 1227(a)(4)(C) (the "Foreign Policy Ground) to effectuate the Policy. Mr. Khalil raises two independent but related vagueness arguments. First, he argues that the government has adopted a Policy that is impermissibly vague & should be enjoined for the same reasons courts routinely find that policies, both written & unwritten, run afoul of due process: this Policy provides no notice to noncitizens regarding which of their otherwise-lawful expressive activity will result in the government targeting them for arrest, detention & removal, and it gives government officials unfettered discretion to target disfavored speech. Second, Mr. Khalil argues that the Foreign Policy Ground is itself impermissibly vague as applied to him through the Rubio Determination because neither the statue, past executive practice, nor the legislative history gave Mr. Khalil any notice, in advance of the government's enforcement, that he could possibly be subject to detention & removal for participating -alongside thousands of others
#law#Constitution#immigration
Continued thread
Public
Nonilex

The #DOJ in a filing requested that #SCOTUS lift Seattle-based US Judge District Benjamin Settle's nationwide order blocking the #military from carrying out #Trump's prohibition on #transgender service members while a #legal challenge to the policy proceeds. Settle found that Trump's executive order likely violates the U.S. #Constitution's #FifthAmendment right to #equal #protection under the #law.

#CivilRights #HumanRights #TransgenderRights #EqualRights #democracy #LGBTQ+ #Equality

Continued thread
Public
Nonilex

"It is well established that the #FifthAmendment entitles aliens to #DueProcess of #law" in the context of removal proceedings.…So, detainees are entitled to notice & opportunity to be heard "appropriate to the nature of the case."…More specifically … #AEA detainees must receive notice…that they are subject to removal under the Act. The notice must be afforded within a reasonable time & in such a manner as will allow them to actually seek #habeas relief….

The detainees' rights against summary removal, however, are not currently in dispute. The Government expressly agrees that "TdA members subject to removal under the Alien Enemies Act get judicial review." Reply in Support of Application To Vacate 1. "It is well established that the Fifth Amendment entitles aliens to due process of law" in the context of removal proceedings. Reno v. Flores, 507 U. S. 292, 306 (1993). So, the detainees are entitled to notice and opportunity to be heard "appropriate to the nature of the case." Mullane v. Cer al Hanover Bank & Trust Co., 339 U. S. 306, 313 (1950). More specifi-cally, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs
#SCOTUS#Trump#immigration
Public
Olives

reason.com/2024/10/18/texas-la
"Last night, #Texas death row inmate Robert Roberson narrowly avoided becoming the first person in the country to be executed based on evidence of what was formerly called "shaken baby syndrome," due to an unprecedented intervention by a bipartisan group of Texas lawmakers.

Efforts by Roberson's supporters to halt his imminent execution spilled over into a battle between the branches of the Texas government Thursday night after a state House committee issued a subpoena to Roberson to testify before it next Monday—a highly unusual move that had the practical effect of putting him under the aegis of the legislature's subpoena authority."

"However, the scientific consensus surrounding AHT has shifted considerably in the decades since Roberson's conviction, and his attorneys argue that the forensic testimony at his original trial has now been discredited, both by advances in science and by previously undiscovered autopsy records that show Roberson's daughter died of advanced pneumonia. In addition, Roberson was subsequently diagnosed with autism, which his lawyers say led to doctors and police misinterpreting his behavior as callous."
#FifthAmendment #HumanRights #DueProcess

Reason.com · Texas Lawmakers Temporarily Save Robert Roberson From ExecutionBy C.J. Ciaramella
Public
Olives

reason.com/2024/06/21/the-supr
"The Supreme Court on Friday ruled that the right to a trial by jury and to due process apply to people who face a steep sentencing enhancement under federal law, in a ruling that transfers some power from the hands of judges to the public and will affect many criminal defendants' future punishments."

""Prominent among the reasons colonists cited in the Declaration of Independence for their break with Great Britain was the fact Parliament and the Crown had 'depriv[ed] [them] in many cases, of the benefits of Trial by Jury,'" he writes. "The Fifth and Sixth Amendments placed the jury at the heart of our criminal justice system" in order "to mitigate the risk of prosecutorial overreach and misconduct" and serve as a check on the government."
#FifthAmendment #SixthAmendment #HumanRights

Reason.com · The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal SentencingBy Billy Binion
Public
Olives

reason.com/2024/04/19/appeals-
"This week, a federal court decided that police officers can make you unlock your phone, even by physically forcing you to press your thumb against it."

"This week, in an opinion authored by Judge Richard Tallman, the U.S. Court of Appeals for the 9th Circuit ruled against Payne."

"The officers searched through Payne's camera roll and found a video taken the same day, which appeared to show "several bags of blue pills (suspected to be fentanyl)."
#FourthAmendment #FifthAmendment

Reason.com · Federal Appeals Court: Cops Can Physically Make You Unlock Your PhoneBy Joe Lancaster
Public
Olives

reason.com/2024/04/18/u-s-sent
"Federal judges will be limited from enhancing defendants' sentences based on conduct a jury acquitted them of, a practice that has drawn condemnation from a wide range of civil liberties groups, lawmakers, and jurists."
#HumanRights #FifthAmendment #SixthAmendment

Reason.com · Federal Judges Banned From Using Acquitted Conduct at Defendants’ SentencingBy C.J. Ciaramella
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