Our conclusion that the parenthetical (relating to document fraud) is merely descriptive is further bolstered by the fact that 8 U.S.C. Issued Date: 01-18-2023Case#: 22-10924 Docket#: 3:21-cr-00013-DHB-BKE-1Type: NEW, Issued Date: 01-17-2023Case#: 20-14602 Docket#: 0:17-cv-62458-DPGType: NEW, Issued Date: 01-13-2023Case#: 21-12573 Docket#: 3:19-cr-00040-MMH-JBT-1Type: NEW, Issued Date: 01-12-2023Case#: 20-13735 Docket#: 2:17-cv-00275-RWSType: NEW, Issued Date: 01-12-2023Case#: 19-13390 Docket#: 1:17-cv-23971-KMWType: NEW, Issued Date: 01-12-2023Case#: 21-13789 Docket#: 8:19-cv-00874-CEH-SPFType: NEW, Home | Contact Us |Site Administrator |Employment |FAQs| Site Map. A ruling in DOJs favor would end the special master review and all of the litigation involving it, and mean the government can immediately review non-classified documents that were seized from Mar-A-Lago. Germain then filed an application for cancellation of removal. PACER maintenance Sunday, January 8, 2023, from 5:00 AM to 4:00 PM EST. In full, 8 U.S.C. The rules of the 11th Circuit don't allow for decisions made by a three-judge panel to be appealed to the court en banc. Read the 11th US Circuit Court of Appeals ruling here. Did you encounter any technical issues? 1546(a) for making false statements in an immigration application and sentenced to 18 months imprisonment for each of those convictions. OFFICE OF THE COURT OF APPEAL - QUEBEC. (The 5th Circuit stopped well short, however, of ruling that filter teams are inevitably a violation of targets rights. Reuters News, under the Trust Principles, is committed to integrity, independence and freedom from bias. To the extent Germain also argues that his offenses in particular did not involve document fraud because he did not know that the statements that he made in the immigration application were false or that his statements related solely to a non-material representation regarding compensation, those arguments are an impermissible collateral attack on the sufficiency of the evidence supporting his prior convictions, and we will not address them in this appeal. 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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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Other courts, however, have held that similar parentheticals in the INA are merely descriptiverather than limiting. Coup Plotter Republicans Create The Republican Committee To Obstruct Justice Into Their Own Criminal Investigations. The 11th Circuit had already sided with the DOJ in a narrower appeal by ruling classified documents could be excluded from special master and U.S. District Judge Raymond Dearies review, but the special master is still going through another 11,000 non-classified documents, which the government also wants to put a stop to. It stated that, while it agreed with the IJ that Germain's 1546(a) convictions were aggravated felonies under 8 U.S.C. See Doe v. Sessions, 886 F.3d 203, 208 (2d Cir. The email address cannot be subscribed. Sign up for vote by mail or check your registration status at ServiceArizona.com. The NTA also alleged that Germain was removable pursuant to 8 U.S.C. United States' Opposition to Mr. Worthing's Motion Under Circuit Rule 9-1.2 for Bail Pending Appeal and Remand to the District Court Pursuant to United States v. Before joining Reuters, she was a writer and editor at The American Lawyer. In fact, all four paragraphs of 1546(a) relate to document fraud. Germain's arguments that we should apply the modified categorical approachrather than the categorical approachare misplaced. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced the civil rights of African-Americans. 1101(a)(43)(H) (providing that an offense described in section 875, 876, 877, or 1202 of Title 18 (relating to the demand for or receipt of ransom) qualifies as an aggravated felony); id. In lifting a hold on a core aspect of the department's probe, the court removed an obstacle that could have delayed the investigation by weeks. See United States v. Germain, 759 F. App'x 866 (11th Cir. "Wearing a mask was one of the most modest and most effective means available in early 2021 to combat the spread of COVID-19 and to allow air travel to resume safely. Fifth Circuit Court of Appeals Reorganization Act of 1980, Elbert P. Tuttle U.S. Court of Appeals Building, Judicial appointment history for United States federal courts Eleventh Circuit, List of current United States Circuit Judges, List of United States federal courthouses in the Eleventh Circuit, "U. S. Court of Appeals for the Eleventh Circuit", United States Court of Appeals for the Eleventh Circuit. Section 1227(a)(2)(A)(iii) provides that [a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.. Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. Did you encounter any technical issues? 2014). 1546(a), it would have left the parenthetical out of 1101(a)(43)(P) altogether. This docket was last retrieved on January 13, 2023. 1101(a)(43)(F) (defining aggravated felony as a crime of violence (as defined in section 16 of Title 18, but not including a purely political offense) for which the term of imprisonment [is] at least one year (emphasis added)). 1. 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. Germain was admitted to the United States in 2007 as a lawful permanent resident. 1101(a)(43)(P)]. Germain petitioned for review of the BIA's decision. There is no possibility here that privileged documents will mistakenly be provided to the investigative team, the appeals court said. Jon Elswick/AP 4. 2020) (applying the familiar easy-to-say-so-if-that-is-what-was-meant rule of statutory interpretation and noting that [t]he silence of Congress is strident). Stay up-to-date with how the law affects your life. Likewise, when an alien asks us to review a denial of cancellation of removal, we can review only constitutional and legal questions. 54 - Order Regarding COVID-19 Building Entry Requirements - COVID-19 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. Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. 371, and three counts of making a false statement in an immigration application, in violation of the fourth paragraph of 18 U.S.C. Circuit Court of Appeals refused this week to curtail the U.S. Justice Departments use of filter teams to screen for privileged material seized from targets of criminal investigations. But in the 11th Circuit, at least, that seems to be a dead end. hide caption. U.S. District Judge Aileen Cannon, a Trump appointee, had granted the ex-presidents request for a special master and named Dearie to oversee the review, ruling that not allowing the review could cause reputational harm to Trump if he got indicted based on materials that could have been filtered out. All rights reserved. All Rights Reserved. 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. 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). The 11th Circuit Court of Appeals on Wednesday agreed to fast-track a U.S. Department of Justice appeal of a case involving allegedly classified and secret documents recovered from. 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. appreciated. Final, Corrected Brief of Appellant United States of America: Public CopySealed Material Deleted [Redacted] U.S. v. Matthew Worthing. 2005) (also holding that the (relating to alien smuggling) parenthetical in 8 U.S.C. (The government, based on filings at the 11th Circuit, is investigating allegations that some of the Optima entities were involved in the misappropriation of more than $100 million from a Ukrainian bank and the subsequent laundering of the money through real estate purchases in the U.S.). A quick decision by the 11th Circuit to void her order for a Special Master would end the Special Masters role. 1229b(a) provides:The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien--(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,(2) has resided in the United States continuously for 7 years after having been admitted in any status, and(3) has not been convicted of any aggravated felony. 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. Because the plain language and structure of 1101(a)(43)(P) demonstrate that the parenthetical (relating to document fraud) is merely descriptive of 1546(a), rather than limiting, we reject Germain's argument.5. Our Standards: The Thomson Reuters Trust Principles. Phalp v. Lincare Holdings, Inc. that courts must determine whether the defendant "actually knew or should have known that its conduct violated a regulation in light of any ambiguity at the time of . 1252(a)(2)(C), (D). The Justice Department said it obtained only three boxes of material, comprising fewer than 8,000 pages of the 125,000 seized, from the in-house lawyer's office. Unlike other sections of the INA which enumerate offenses in language referring to generic crimes, see 8 U.S.C. On Appeal from the United States District Court for the Southern District of Florida REPLY BRIEF OF THE . Circuit Justice: Clarence Thomas: Chief Judge: William H. 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