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- Title
AN UNJUST BURDEN: THE TENTH CIRCUIT'S MISAPPLICATION OF THE CATEGORICAL APPROACH IN LUCIO-RAYOS V. SESSIONS.
- Authors
VIGIL, TANIKA
- Abstract
In Lucio-Rayos v. Sessions, the Tenth Circuit concluded that a noncitizen facing deportation is ineligible to apply for a defense to such deportation if the only evidence regarding the noncitizen's criminal history is an ambiguous record of conviction that fails to clarify whether the conviction constitutes a disqualifying crime. Such a conclusion exacerbated a burgeoning circuit court split on the same issue and had a sweeping and detrimental impact on the legal remedies available to thousands of noncitizens facing removal throughout the Tenth Circuit's jurisdiction. This Article contends that Lucio-Rayos ran afoul of Supreme Court precedent insofar as it (1) misunderstood the import of the Supreme Court's recent decision in Moncrieffe v. Holder and related case law regarding application of the categorical approach in removal proceedings, and (2) undermined congressional intent as established through clear statutory language and case law interpreting that language. Ultimately, this Article argues that the Tenth Circuit's errors in Lucio-Rayos--as well as the related and unresolved circuit court split--have significant and concerning legal implications for precedent related to the categorical approach more generally and profound practical implications for thousands of noncitizens facing removal across the country.
- Subjects
UNITED States; NONCITIZEN criminals; UNITED States. Court of Appeals (10th Circuit); DEPORTATION; CRIMINAL defense; CRIMINAL convictions; LEGAL precedent; NONCITIZENS; UNITED States. Supreme Court; LAW; LEGAL status of noncitizens
- Publication
Denver Law Review, 2019, Vol 96, Issue 2, p369
- ISSN
2469-6463
- Publication type
Article