US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Nijhawan v. Holder
No. 08-495

Title:

Manoh Nijhawan v. Eric H. Holder, Jr., Attorney General

Subject:

Immigration Law

Question:

Whether the penalty of life time banishment for conviction of an aggravated felony
may be imposed upon a lawful permanent resident under Section 101(a)(43)(M)(i)
of the Immigration & Nationality Act of 1952 as amended (the ''Act''), 8 U.S.C. §
1101(a)(43)(M)(i) when he was not convicted of the required loss?

Whether the rule of lenity or narrow construction should be applied to resolve an
ambiguity in a deportation statute created by both the dissenting opinion below and
well-reasoned decisions from other Circuits including the Circuit where the alien's
conviction occurred?

Decisions:

• U.S. Court of Appeals - 3rd Circuit Opinion Filed: May 2, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Thomas E. Moseley
Newark NJ

For Respondent:

Elena Kagan
Solicitor General
United States Department of Justice
Washington, DC

 

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