July 8, 2008
Entries in Second Circuit (2)
Second Circuit Rules INA "Stalking" Provision Not Unconstitutionally Vague
Today the Second Circuit decided Arriaga v. Mukasey, a case in which the petitioner, Nelson Arriaga, was convicted under Connecticut law of second degree stalking and facing deportation. Arriage argued he could not be deported because the Immigration and Nationality Act stalking provision was unconstitutionally vague on its face and as applied. The Second Circuit disagreed. The full decision is here, and highlights are provided below.
Arriaga concedes that he was convicted of stalking under Connecticut’s penal code, but he argues that the Immigration and Nationality Act stalking provision, which does not define “stalking,” is unconstitutionally vague, on its face and as applied. This challenge presents a question of first impression in the courts of appeals.
Blakely
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Second Circuit Asked to Review NSA Wiretapping and Secret Order
Yassin M. Aref and Mohammed M. Hossain of Albany were convicted on charges of money laundering and providing material support to terrorism in March of 2007 and sentenced to 15 years in prison. On Monday, lawyers representing the men made oral arguments to the United States Court of Appeals for the Second Ciruit challenging the constitutionality of the National Security Agency’s warrantless wiretapping program and a secret lower court order. The case is one of a handful of criminal cases to challenge the legality of the agency’s spying program, which has been unsuccessfully attacked in civil cases. The court reserved it's ruling and no decision date has been set.