The gold standard of excellence for more than 80 years, Bloomberg BNA’s The United States Law Week® is the most authoritative way to keep up with important cases and other legal developments...
Oct. 13 — Whether a “habitual drunkard” is removable from the United States as a person with “bad moral character” will get the attention of the en banc U.S. Court of Appeals for the Ninth Circuit, which decided to address the issue Oct. 12 ( Ledezma-Cosino v. Lynch , 2016 BL 340048, 9th Cir., No. 12-73289, 10/12/16 ).
The panel opinion held that 8 U.S.C. § 1101(f) violates the equal protection clause.
Alcoholism is a medical classification that “lacks any rational relation” to an alien’s “classification as a person with bad moral character,” it said.
It added that alcoholism is a medical disability that “is undeserving of punishment and should not be held morally offensive.” Some of the government’s contrary arguments are “deplorable, troubling and wholly unacceptable,” it said.
Chief Judge Sidney R. Thomas signed the order.
Orrick Herrington & Sutcliffe represents Ledezma-Cosino. DOJ represents the government.
To contact the reporter on this story: Bernie Pazanowski in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Jessie Kokrda Kamens at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)