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- Elements; means; elements test; removal; deportation; criminal procedure; criminal law; immigration; Breyer; Kagan; Descamps; Mathis; Taylor; categorical approach; modified categorical approach; divisibility; juror agreement; ACCA; Armed Career Criminal Act; recidivism; Apprendi; constitutional avoidance; sentencing enhancement; federal sentencing; crimmigration (1)
- Immigration; children; gender; foreign culture; marriage; Immigration and Nationality Act; family; women; married minor (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …
Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf
Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf
Brooklyn Law Review
U.S. immigration laws provide special protections, benefits, and forms of relief for children. They also provide certain marriage-based benefits and exclusions. However, the most common definitions of “child” in the Immigration and Nationality Act make the existence of a married child into a legal impossibility. In other words, married children are variously treated as either married adults or unmarried children. This article analyzes the treatment of married minors in the immigration system in three contexts: as beneficiaries of spousal petitions; as petitioners for spouses, parents, and siblings; and as beneficiaries of parent-sponsored petitions. The analysis reveals that married minors are …