Immigration Article of the Day: Unpacking the Rise in Crimmigration Cases at the Supreme Court  by Philip Torrey

Unpacking the Rise in Crimmigration Cases at the Supreme Court  by Philip Torrey, New York University Review of Law & Social Change, The Harbinger

Abstract

Why has the Supreme Court recently granted more writs of certiorari in cases concerning the complex legal test known as the categorical analysis than it has in the last ten years? As background for the uninitiated, the categorical analysis is a tool used by adjudicators to determine when immigration consequences or federal sentencing enhancements are triggered by prior convictions. It is an often misunderstood—and consequently misapplied—analysis that has befuddled adjudicators for decades. The Supreme Court has decided to reaffirm and refine the legal test in several cases over the last few terms. The Court will have the opportunity to do so again this term in two cases, Pereida v. Barr and Shular v. United States. This Article examines several factors that may elucidate why the Court has recently taken a growing interest in the categorical analysis.

KJ