Criminal Law and Procedure

Only in Immigration Law and in Alice in Wonderland: Aggravated Misdemeanors?

 

Under the Immigration & Nationality Act (INA), conviction of an "aggravated felony" makes long-term permanent resident aliens ineligible for a form of discretionary relief from removal known as "cancellation of removal." Over the last two decades, Congress has slowly but surely expanded the definition of "aggravated felony" to punish immigrants convicted of crimes, revealing the deep unpopularity of "criminal aliens" among the public and policymakers. As a result, since 1996, the nation has deported hundreds of thousands of immigrants each year.

Small-town "justice" run amok?

I have been intrigued by the attention national media have given this week to a criminal trial in West Texas.  Ann Mitchell, an administrative nurse at the community hospital in Winkler County, went on trial in state court charged with "misuse of official information," a third-degree felony that carried a possible fine of $10,000 and up to 10 years in prison.  The charges stemmed from an anonymous letter that Mitchell and another administrative nurse wrote to the Texas Medical Board.  In it, they