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... such as respondent be detained for the brief period necessary for their removal proceedings. In... removal proceedings, is governed by these cases. Respondent argues unpersuasively that the § 1226... to prohibit federal courts from "set[ting] aside" the Attorney General's decision. [Page 53... enter its territory or to remain therein." Fong Yue Ting v. United States, 149 U. S. 698 , 709 ...
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... and effect of this function in various cases which fancy may suggest, or which time may produce... General of the United States, had filed a brief in 1914 in defense of Presidential action, which h...Fong Yue Ting v. United States, 149 U.S. 698 , 714 (189...
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... appropriate need not be considered in this case because of the unique nature of deportation. Altho... measure” of deportation or removal, Fong Haw Tan v. Phelan, 333 U. S. 6, 10 (1948), is now ... particularly severe “penalty,” Fong Yue Ting v. United States, 149 U. S. 698, 740 (1893); but i... for non-citizen clients … .” Brief for Legal Ethics, Criminal Procedure, and Criminal...
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A noncitizen in removal proceedings who alleges that his or her counsel’s deficient performance detrimentally affected his or her claim can file a motion to reopen the proceedings based on a claim of ineffective assistance of counsel. The circuit courts are split as to whether a noncitizen’s right to reopen his or her removal proceeding is solely a matter of administrative discretion or a fundamental right rooted in the Fifth Amendment’s Due Process Clause. This Note applies a modified version of the Supreme Court’s procedural-due-process balancing test and the European Court of Human Rights’ three-tiered Engel test to demonstrate that despite their classification as "civil" matters, removal proceedings implicate the same liberty concerns present in criminal prosecutions, and therefore ...
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... of this is that the Court has decided cases in a way that limits absolute-sovereignty reasonin...United States (1892), and Fong Yue Ting v. United States (1893). (152) These case... decision, although the Government's two briefs argued amply for its applicability. (366) The majo...
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..., as is being done in connection with this case, at the time the opinion is issued.The syllabus co...Brief for Petitioner 23–28. He invokes principles of c... is not a punishment for crime.” Fong Yue Ting v. United States, 149 U. S. 698, 730 (189...
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... in the filing of an amici curiae brief in the case in support of the defendants, who face...See, e.g., Fong Yue Ting v. United States, 149 U.S. 698 (1893); Ek...
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...The Prize Cases B. Wartime Decisions After the Prize Cases 1. Addi..., and other opinion leaders; and the briefs and decisions in the mammoth number of cases arisi... to the equal protection of those laws."); Fong Yue Ting v. United States, 149 U.S. 698, 724 (1893...
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...On the briefs were Solicitor General Fried, Assistant Attorney G...Fong Yue Ting v. United States, 149 U.S. 698, 720 (1893...In some cases, we have required that Congress make "express decl...
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..., it is only in the last two decades that cases involving the doctrines have regularly been decide.... With the exception of a brief period in the 1930's when the Court was striking d...Kagama, 118 U.S. 375 (1886). . Fong Yue Ting v. United States, 149 U.S. 698 (1893). . ...