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Department Of Homeland Security V. Thuraissigiam
''Department of Homeland Security v. Thuraissigiam'', 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits ''habeas corpus'' judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause. The Department of Homeland Security placed Vijayakumar Thuraissigiam into "expedited removal" proceedings after Thuraissigiam was apprehended from the southern U.S. border after crossing it illegally. Thuraissigiam, a Tamil former resident of Sri Lanka, pled for asylum asserting that he fled his country to "escape torture, beatings, and likely death". An immigration officer did not find his fear of persecution credible, and an immigration judge agreed with the officer's findings. Thuraissigiam, represented by the American Civil L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from the case, the court may be stuck with a tie, in which case the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Neil Gorsuch
Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since April 10, 2017. Gorsuch was born in and spent his early life in Denver, Colorado, then lived in Bethesda, Maryland, while attending Georgetown Preparatory School. He earned a Bachelor of Arts from Columbia University, a Juris Doctor from Harvard University, and after practicing law for 15 years, received a Doctor of Philosophy degree in law from the University of Oxford, which he attended as a Marshall Scholar. His doctoral thesis concerned the morality of assisted suicide, under the supervision of the Catholic legal philosopher John Finnis. From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Hansen, Todd, Figel & Frederick. He was Principal Deputy Associate Attorney General at the United States Department of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and, later, Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell, who dramatically shifted his worldview from progressive to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''National Federation of Independent Business v. Sebelius,'' '' Shelby County v. Holder'', and '' Riley v. California''. He has been described as having a conservative judicial philosophy but, above all, is an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and after the retirement of Anthony Kennedy in 2018, he has been regarded as the primary swing vote on the Court. However, Roberts is no longer regarded as the Court's median vote following the replacement of Ruth Bader Ginsburg by Amy Coney Barrett in 2020. Roberts grew up in northwestern Indiana and was educated in a series of Catholic schools. He studied history at Harvard University and then attended Harvard Law School, where he was managing e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Alito Official Photo
Samuel ''Šəmūʾēl'', Tiberian: ''Šămūʾēl''; ar, شموئيل or صموئيل '; el, Σαμουήλ ''Samouḗl''; la, Samūēl is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the biblical judges to the United Kingdom of Israel under Saul, and again in the monarchy's transition from Saul to David. He is venerated as a prophet in Judaism, Christianity, and Islam. In addition to his role in the Hebrew scriptures, Samuel is mentioned in Jewish rabbinical literature, in the Christian New Testament, and in the second chapter of the Quran (although Islamic texts do not mention him by name). He is also treated in the fifth through seventh books of ''Antiquities of the Jews'', written by the Jewish scholar Josephus in the first century. He is first called "the Seer" in 1 Samuel 9:9. Biblical account Family Samuel's mother was Hannah and his father was Elkanah. Elkanah lived at Ramathaim in the district of Zuph. His genealog ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preponderance Of The Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national " newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Linda Greenhouse
Linda Joyce Greenhouse (born January 9, 1947) is an American legal journalist who is the Knight Distinguished Journalist in Residence and Joseph M. Goldstein Lecturer in Law at Yale Law School. She is a Pulitzer Prize-winning reporter who covered the United States Supreme Court for nearly three decades for ''The New York Times''. She is the president of the American Philosophical Society (since 2017), and a member of the Phi Beta Kappa Senate. Early life and education Greenhouse was born in a Jewish family in New York City, to H. Robert Greenhouse, a physician and professor of psychiatry at Harvard Medical School, and Dorothy (née Greenlick). She received her Bachelor of Arts degree in government from Radcliffe College in 1968, where she was elected to Phi Beta Kappa. She received her Master of Studies in Law from Yale Law School in 1978. Career Greenhouse began her 40-year career at ''The New York Times'' covering state government in the paper's bureau in Albany. After complet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expedited Removal
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, without going through the normal removal proceedings (which involve hearings before an immigration judge). The legal authority for expedited removal (in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)) allows for its use against most unauthorized entrants who have been in the United States for less than two years. Its rollout so far has been restricted to people seeking admission and those who have been in the United States for 14 days or less, and excludes first-time violators from Mexico and Canada. History Legal authority given by IIRIRA (passed 1996, effective 1997) Expedited removal was first introduced in United States immigration law as part of the IIRIRA, passed by the 104th U.S. Congress and signed into law by then U.S. President Bill Clinton. The IIRIRA gave the U.S. Immigr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undocumented Immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions. Asylum seekers who are denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens, and in others, they may receive a temporary residence permit, for example with reference to the principle of non-refoulement in the international Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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