Supreme Court Strikes Down Part Of Immigration Law

first_img Share Drew Angerer/Getty ImagesPresident Trump has hailed his appointment of Neil Gorsuch to the Supreme Court, but Gorsuch sided against the administration Tuesday in an immigration case.The U.S. Supreme Court declared a clause in federal law, requiring the deportation of immigrants convicted of a “crime of violence,” unconstitutionally vague Tuesday.It’s a blow to the Trump Justice Department and came at the hands, ironically, of conservative Justice Neil Gorsuch, who sided with the court’s liberals in a 5-4 decision.In 2015, the court also held that a clause alluding to a “violent felony” in the Armed Career Criminal Act was unconstitutionally vague.For background on the case, Sessions v. Dimaya, here’s Oyez‘s summary:“James Garcia Dimaya, a native and citizen of the Philippines, was admitted to the United States as a lawful permanent resident in 1992. In 2007 and 2009, Dimaya was convicted under the California Penal Code for first-degree residential burglary; both convictions resulted in two years’ imprisonment. Under the Immigration and Nationality Act (INA), a non-citizen convicted of an aggravated felony is subject to deportation. The INA definition of  aggravated felony includes a ‘crime of violence,’ which is any offense that involves the use or substantial risk of physical force against another person or property.The Department of Homeland Security (DHS) subsequently initiated deportation proceedings against Dimaya and claimed that his burglary convictions constituted crimes of violence under the Act. The Immigration Judge held that Dimaya was deportable and that burglary constitutes a crime of violence because it always involves a risk of physical violence. The Board of Immigration Appeals (BIA) affirmed.“While Dimaya’s appeal to the U.S. Court of Appeals for the Ninth Circuit was pending, the U.S. Supreme Court decided Johnson v. United States, which held  that the definition of a ‘violent felony’ in the Armed Career Criminal Act (ACCA) was unconstitutionally vague. As a result, the U.S. Court of Appeals for the Ninth Circuit held that the INA’s crime of violence provision was unconstitutionally vague because it was largely similar to the violent felony provision in the ACCA that the Supreme Court struck down in Johnson. The appellate court found that both provisions denied fair notice to defendants and failed to make clear when a risk of violence could be considered substantial.”Overseas emails case vacatedAlso, given that President Trump signed the CLOUD Act, the court officially vacated the major U.S. v. Microsoft case dealing with whether email stored in servers abroad could be compelled to be turned over to law enforcement.That move was largely expected at some point.Copyright 2018 NPR. To see more, visit http://www.npr.org/.last_img read more

Geologists suggest Horseshoe Abyssal Plain may be start of a subduction zone

first_img This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no part may be reproduced without the written permission. The content is provided for information purposes only. © 2019 Science X Network Explore further A composite image of the Western hemisphere of the Earth. Credit: NASA Duarte noted that ever since the 1969 earthquake that struck off the coast of Portugal, he has been wondering how it happend—the area is not part of a subduction zone. It is quite the opposite, in fact. Duarte described is as like the plain of Kansas covered in water. It lies at the opposite end of the world from the so-called ring of fire, which hosts 90 percent of the world’s earthquakes. Notably, most of those quakes are due to tectonic plates pushing against one another. Over by the Iberian Peninsula, the opposite appears to be happening—the African and Eurasian plates are pulling apart as the former creeps east toward the Americas. Duarte noted that back in 2012, other researchers conducting seismic wave tests found what appeared to be a dense mass of unknown material beneath the epicenter of the 1969 quake. Some in the field suggested it could be the start of a subduction zone. Then, last year, another team conducted high-resolution imaging of the area and also found evidence of the mass, confirming that it truly existed. Other research has shown that the area just above the mass experiences routine tiny earthquakes.Duarte suggests the evidence to date indicates that the bottom of the plate is peeling away. This could happen, he explained, due to serpentinization in which water percolates through plate fractures and reacts with material beneath the surface, resulting in the formation of soft green minerals. The soft mineral layer, he suggests, is peeling away. And if that is the case, then it is likely the area is in the process of creating a subduction zone. He reports that he and his team members built models of their ideas and that they confirmed what he suspected. The earthquakes were the result of the process of birthing a new subduction zone. Citation: Geologists suggest Horseshoe Abyssal Plain may be start of a subduction zone (2019, May 8) retrieved 18 August 2019 from https://phys.org/news/2019-05-geologists-horseshoe-abyssal-plain-subduction.html More information: Delamination of oceanic lithosphere in SW Iberia: a key for subduction initiation? European Geosciences Union 2019. meetingorganizer.copernicus.or … 019/EGU2019-6001.pdf New ’embryonic’ subduction zone found A team of geologists led by João Duarte gave a presentation at this past month’s European Geosciences Union meeting that included a suggestion that the Horseshoe Abyssal Plain may represent the start of a new subduction zone. They presented evidence of possible peeling on the bottom of the tectonic plate that lies off the coast of Portugal.last_img read more