Zadvydas V. Davis
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Zadvydas V. Davis
''Zadvydas v. Davis'', 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States. The court ruled that the plenary power doctrine does not authorize the indefinite detention of immigrants under order of deportation whom no other country will accept. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances. Background Fifth Circuit case Kestutis Zadvydas was a resident alien in the United States who was ordered deported in 1994 based on his criminal record. Zadvydas was born of Lithuanian parents while in Germany, but was not a citizen of either country, and neither would accept him.. Under federal law, once a person has been ordered to be deported, the U.S. Attorney General is required to detain them and complete the deportation within 90 days. However, the Attorney General claimed that if the 90-day period passed by without completing the desir ...
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5th Cir
Fifth is the ordinal form of the number five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth disease, a contagious rash that spreads in school-aged children * Fifth force, a proposed force of nature in addition to the four known fundamental forces * Fifth (Stargate), a robotic character in the television series ''Stargate SG-1'' * Fifth (unit), a unit of volume used for distilled beverages in the U.S. * Fifth-generation programming language * The fifth in a series, or four after the first: see ordinal numbers * 1st Battalion, 5th Marines * The Fraction 1/5 * The royal fifth (Spanish and Portuguese), an old royal tax of 20% Music * A musical interval (music); specifically, a ** perfect fifth ** diminished fifth ** augmented fifth * Quintal harmony, in which chords concatenate fifth intervals (rather than the third intervals of tertian harmony) * Fifth (chord) ...
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United States Immigration And Naturalization Service
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003. Referred to by some as former INS and by others as legacy INS, the agency ceased to exist under that name on March 1, 2003, when most of its functions were transferred to three new entities – U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) – within the newly created Department of Homeland Security (DHS), as part of a major government reorganization following the September 11 attacks of 2001. Prior to 1933, there were separate offices administering immigration and naturalization matters, known as the Bureau of Immigration and the Bureau of Naturalization, respectively. The INS was established on June 10, 1933, merging these previously separate areas of administration. In 1890, the federal government, ra ...
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Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human rights abusers to denounce abuse and respect human rights, and the group often works on behalf of refugees, children, migrants, and political prisoners. Human Rights Watch, in 1997, shared the Nobel Peace Prize as a founding member of the International Campaign to Ban Landmines, and it played a leading role in the 2008 treaty banning cluster munitions. The organization's annual expenses totaled $50.6 million in 2011, $69.2 million in 2014, and $75.5 million in 2017. History Human Rights Watch was co-founded by Robert L. Bernstein Jeri Laber and Aryeh Neier as a private American NGO in 1978, under the name Helsinki Watch, to monitor the then-Soviet Union's compliance with the Helsinki Accords. Helsinki Watch adopted a practice of public ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Lawyers Committee For Human Rights
Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City and Washington, D.C. In 2004, Human Rights First started its "End Torture Now" campaign. The organization also runs the Fighting Discrimination program which focuses on hate crime. Board of Directors Human Rights First is governed by a board of directors composed of 73 members, including a 30-person Board of Advocates and a 12-person Emeritus Board. Members of the board include: * Mona Sutphen, Senior Advisor at The Vistria Group * Matthew G. Olsen, Chief Security Officer at Uber * Jay Carney, head of public relations at Amazon * Sarah Cleveland, Professor of Human and Constitutional Rights Columbia University Law School * Kerry Kennedy, President of RFK Human Rights * Robert A. Mandell, former Ambassador to Luxembourg; Chairman & CEO of Greater Properties, Inc. (Ret.) * Alberto J. Mora, ...
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Washington Legal Foundation
The Washington Legal Foundation (WLF) is a non-profit legal organization located at 2007-2009 Massachusetts Avenue NW, on Embassy Row in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as conservative. WLF addresses a range of legal matters, including commercial free speech, corporate criminal liability, environmental regulation, food and drug law, health care, and intellectual property. WLF has three primary functions. It first functions as a public interest law firm that brings original lawsuits, files amicus briefs, intervenes in court cases, and petitions agencies for rulings. It also works as a legal think tank that publishes in seven different formats once every two weeks, and it is a non-profit communications company that hosts regular conferences, media briefings, and national educational advertising ca ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Edwin Kneedler
Edwin Smiley Kneedler (born January 4, 1946) is an American lawyer who has served as Deputy United States Solicitor General since 1993. As of June 2020, he has argued more cases before the Supreme Court of the United States than any other active advocate. Early life and education Kneedler attended North Penn High School; he graduated in 1963. Kneedler earned a B.A. degree in economics in 1967 from Lehigh University. After graduating, he served as a VISTA volunteer in Oregon. He then earned a J.D. degree from the University of Virginia School of Law in 1974. From 1974 until 1975, he clerked for Judge James R. Browning on the United States Court of Appeals for the Ninth Circuit. Kneedler was admitted to the bar of the state of Oregon in 1975. Professional career In October 1975, Kneedler joined the Office of Legal Counsel in the United States Department of Justice. He then joined the office of the Solicitor General in June 1979. He was appointed a Deputy Solicitor G ...
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United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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United States District Court For The Western District Of Washington
The United States District Court for the Western District of Washington (in case citations, W.D. Wash.) is the federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. Its courthouse, built in 2004, is located at 7th and Stewart in Seattle. As of the 2000 census, 4.6 million people resided in the Western District, representing 78% of the state's population. The district includes the cities of Bellingham, Bremerton, Seattle, Bellevue, Olympia, Vancouver, Everett, and Tacoma, amongst others. Cases from the Western District of Washington are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The United St ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ...
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