Cleveland Law Library Weblog

Demjanjuk Loses in U.S. Supreme Court

The United States Supreme Court has declined to grant a petition for a writ of certiorari to John Demjanjuk, a local resident of Seven Hills, Ohio who has been accused of being Ivan (also spelled Iwan) the Terrible, a Nazi death-camp guard. The long-running case against Demjanjuk has been pending for several decades, during which Demjanjuk has been fighting a deportation order, most recently (and unsuccessfully) on January 30, 2008 in the federal 6th Circuit Court in Cincinnati, Ohio (Case No. 07-3022 on PACER). The Plain Dealer article reporting the Supreme Court's decision indicates that Demjanjuk will finally have to move to Germany, Poland or the Ukraine. PACER contains the dockets for the underlying district court proceedings in Case Nos. 1:99-cv-01193 (USA v. Demjanjuk) and 1:88-cv-00864-GWW (Demjanjuk v. USA). A wikipedia article chronicles the progress of Demjanjuk's case since it began in the late 70's.

Area Immigration Office Deported 37% More Immigrants this Year

According to the Cincinnati Enquirer, the Detroit area field office of U.S. Immigration and Customs Enforcement has deported 37% more illegal immigrants from Ohio and Michigan than last year. Field Agents removed about 4,000 undocumented immigrants and arrested 1,816 fugitive aliens this year, a figure which the Plain Dealer reports is double the figure from 2004. According to an agency spokesman, the agency targets aliens who are the most likely threats, including felons, gang members and others who pose of threat to public safety. Of the 1,816 arrested last year, the Inquirer reported that 159 were convicts.

State Drug Possession Felony that is Federal Misdemeanor Not an "Aggravated Felony" Under Immigration Law

The U.S. Supreme Court held that a drug possession offense that was a felony under state law, but not a felony under federal law, did not constitute an "aggravated felony" for immigration purposes.    A drug offense must either be a felony under federal law or constitute drug trafficking in order to be an "aggravated felony" for immigration purposes.   An aggravated felony conviction eliminates the possibility of a discretionary cancellation of removal by the Attorney General.  Lopez v. Gonzales, 05-7664.    Supreme Court Rules in Favor of Immigrant on Deportation Issue by Pete Yost, Associated Press, Law.com, Dec. 6, 2006.  For more discussion, see: Lopez: the Supreme Court reverses Ninth Circuit law on possession as an aggravated felony , Ninth Circuit Blog, Dec. 5, 2006. 

Immigration Court Coming to Ohio

In 2006, an immigration court will open in Ohio to deal with a backlog of cases, including deportation cases and requests for asylum.  Currently, Ohio immigration cases are handled by teleconferencing with judges in Virginia.  See Ohio Getting Immigration Court in '06 to Deal with Huge Backlog by Sabrina Eaton, The Plain Dealer, Nov. 15, 2005.  For a listing of current immigration courts, see U.S. Department of Justice: EOIR Immigration Court listings.