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Committing A Crime While A Refugee: Rethinking The Issue Of Deportation In Light Of The Principle Against Double Jeopardy, Won Kidane

Faculty Articles

The Double Jeopardy Clause of the United States Constitution provides: No person shall...be subject for the same offense to be twice put in jeopardy of life or limb . . . If a refugee who has committed a deportable offense and served his sentence is subsequently deported from a place where he calls home to a place where he would face persecution, he could literally be said to have been twice put in jeopardy of life and limb. That seems to be a prima facie violation of the Double Jeopardy Clause of the Fifth Amendment. This constitutional guarantee is, however, …