1227(a)(3)(B)(iii)had previously been sustained by the former IJ considering Germain's motion to terminate. Did you encounter any technical issues? They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. 18 Jan 2023 15:26:41 The FBI last month seized roughly 11,000 documents, including about 100 with classification markings, during a court-authorized search of the Palm Beach club. Your effort and contribution in providing this feedback is much 1101(a)(43)(P) is limiting in nature rather than descriptive of 1546(a) as a whole is fatally undermined. 2011). In a neighboring provision, Congress included a phrase in a parenthetical that expressly limited the reach of the aggravated felony definition. Where an alien has been ordered removed for having committed an aggravated felony, our jurisdiction to review the final order of removal is limited to constitutional claims or questions of law. It also said that to the extent the protocol has been criticized by other courts, the magistrates order in this case addressed every pitfall. The appeals court also pointedly noted that Trump had presented no evidence that he had declassified the sensitive records, as he maintained as recently as Wednesday, and rejected the possibility that Trump could have an "individual interest in or need for" the roughly 100 documents with classification markings that were seized by the FBI in its Aug. 8 search of the Palm Beach property. Donald J. Trump v. United States of America, No. It was first put in place at a point when many states still had masking guidelines. Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. is a federal court with appellate jurisdiction over the district courts in the following districts: These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit effective October 1, 1981. In fact, all four paragraphs of 1546(a) relate to document fraud. Cannons ruling was widely decried by legal experts, and the DOJ went to the 11th Circuit after the district judge refused to amend her order to exclude classified documents from the review. The court has twelve seats for active judges, numbered in the order in which they were initially filled. 1227(a)(2)(A)(iii). You may opt-out by. He further argued that he did not know that the statements in the immigration application were false because he had made them at the direction of his father. "CDC promulgated a rule of unprecedented scope. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Circuit Court of Appeals pushed back on the Biden administration's argument that the CDC had "good cause" to forgo a provision of the federal Administrative Procedure Act, which requires that the government give the public proper time to review and comment on the mask rule before it was put in place, typically 30 days notice. "I think the important thing here is that the potential collateral estoppel effect of the district court's ruling could tie up future CDC actions. It has launched a criminal investigation into whether the records were mishandled or compromised, though is not clear whether Trump or anyone else will be charged. Circuit Court of Appeals. Tel: 418-649-3401 courdappelqc@judex.qc . It said Trump had no plausible basis to invoke executive privilege over the documents, nor could the records be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers. 1101(a)(43)(P).6 Accordingly, the BIA properly dismissed Germain's appeal because the IJ correctly denied Germain's motion to terminate his removal proceedings and his application for cancellation of removal on the ground that his 1546(a) convictions were aggravated felonies. 1101(a)(43)(P). 1546(a) convictions were not aggravated felonies. Germain argued that his 1546(a) convictions did not qualify as aggravated felonies within the definition in 8 U.S.C. Pages from a U.S. Court of Appeals for the 11th Circuit in Atlanta ruling that lifts a judge's hold on the Justice Department's ability to use classified documents seized by the FBI at Trump's Mar-a-Lago estate. 1229b(a) because he was an aggravated felon. Germain was admitted to the United States in 2007 as a lawful permanent resident. Other courts, however, have held that similar parentheticals in the INA are merely descriptiverather than limiting. This docket was last retrieved on January 13, 2023. appreciated. CNN Sans & 2016 Cable News Network. Discovery Company. Reuters News, under the Trust Principles, is committed to integrity, independence and freedom from bias. At least eight federal circuits, as the 11th Circuit noted in Monday's Korf decision, have endorsed the Justice Department's use of taint teams, either explicitly, by upholding filter team. 296, 78 L.Ed.2d 17 (1983) (Where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion. (alteration adopted)); see also Pinares v. United Techs. The government had argued that its investigation had been impeded, and national security concerns swept aside, by an order from U.S. District Judge Aileen Cannon that temporarily barred investigators from continuing to use the documents in its inquiry. However, the bulk of the special master review could be. is a federal court with appellate jurisdiction over the district courts in the following districts: Language. Stay up-to-date with how the law affects your life. See id. It is undisputed that Germain was convicted of four counts of violating 18 U.S.C. The CDC had authority to issue this order and to do so, to make the order effective immediately and the district court erred in ruling otherwise," an attorney for the Justice Department argued. 1229b(a). 1101(a)(43)(P)]. Germain petitioned for review of the BIA's decision. See United States v. Germain, 759 F. App'x 866 (11th Cir. Follow this author to stay notified about their latest stories. The IJ noted that the NTA's second charge of removabilityunder 8 U.S.C. Unlike other sections of the INA which enumerate offenses in language referring to generic crimes, see 8 U.S.C. "Plaintiff suggests that he may have declassified these documents when he was President. The Justice Department also didnt respond to my query on the 11th Circuit ruling. 1678, 185 L.Ed.2d 727 (2013) (Alito, J., dissenting) (Where an alien has a prior federal conviction, it is a straightforward matter to determine whether the conviction was for a felony punishable under the [Controlled Substances Act]. (emphasis added)). Cannon ruled on Sept. 5 that she would name an independent arbiter, or special master, to do an independent review of those records and segregate any that may be covered by claims of attorney-client privilege or executive privilege and to determine whether any of the materials should be returned to Trump. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The DOJ said in a court filing to the 11th Circuit that Smith agreed with all of the legal arguments the agency has made so far in the special master case. The lack of a limiting phrasecomparable to but not including in 1101(a)(43)(F)further demonstrates that the parenthetical in 1101(a)(43)(P) is descriptive rather than limiting. The court sided with the Justice Department on Wednesday, saying "courts should order review of such materials in only the most extraordinary circumstances. Sign up for vote by mail or check your registration status at ServiceArizona.com. 1546(a) was divisible because it enumerated four distinct offenses in its four paragraphs. The judgments rendered by the Court of Appeal of Quebec since January 1, 1986 are available free of charge on the website of the Societe quebecoise d'information juridique (SOQUIJ): . But in 2019, the 4th Circuit held in In re: Search Warrant Issued June 13 that the DOJs use of a filter team to review material seized from a Baltimore law firm inappropriately assigned judicial functions to the executive branch. And in July, I told you about a 5th Circuit decision that sharply criticized the Justice Department for failing to respect a targets privilege even though the DOJ had used a taint team to review seized material. Federal investigators seized more than 11,000 White House documents from Mar-A-Lago during the August searchincluding classified and top secret materialsafter Trump had previously turned over only 15 boxes of materials voluntarily and only a small number of additional classified documents in response to a subpoena. The lawsuit was first brought forward by the Health Freedom Defense Fund and Daza and Pope, who argued that masking on airlines caused them frequent panic attacks and anxiety. 22-13005 No. Yet he argues this conviction was not an aggravated felony as defined by the INAan offense described in [18 U.S.C ] 1546(a) (relating to document fraud) for which the term of imprisonment was 12 months or morebecause we should read the parenthetical (relating to document fraud) in 8 U.S.C. The Justice Department did not have an immediate comment. It stated that, while it agreed with the IJ that Germain's 1546(a) convictions were aggravated felonies under 8 U.S.C. Did you encounter any technical issues? We find this analysis persuasive and hold that (relating to document fraud) is nothing more than a shorthand description of all the offenses listed in 1546(a). 1546(a). Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. Germain then filed an application for cancellation of removal. All Rights Reserved. Three judges at the 11th Circuit Court of Appealstwo of whom were appointed by Trumpheard arguments Tuesday after the DOJ appealed a lower court ruling appointing a third-party special . hide caption. He argued he was eligible for cancellation under 8 U.S.C. We review only the decision of the BIA, except to the extent that the BIA expressly adopts, agrees, or relies on the IJ's reasoning and findings. Corp., 973 F.3d 1254, 1261 (11th Cir. Because all four paragraphs of 1546(a) relate to document fraud, Germain's argument that the (relating to document fraud) parenthetical in 8 U.S.C. He argued that his 1546(a) convictions accordingly did not qualify as aggravated felonies because he had not participated in actual document fraud and was convicted solely for falsely stating that he had not received an unauthorized fee. ) ; see also Pinares v. 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