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Martin Flumenbaum and Brad S. Karp Martin Flumenbaum and Brad S. Karp

In Ragbir v. Homan, No. 18-1597, 2019 WL 1811537 (2d Cir. April 25, 2019), a split panel of the U.S. Court of Appeals for the Second Circuit held that federal courts do have subject matter jurisdiction over claims that a high-profile, foreign-born immigration activist was singled out for removal from the United States on the basis of his disfavored speech against the authorities. The court’s decision distinguished both statutory barriers and a Supreme Court case announcing the general rule that unlawfully present aliens do not have the constitutional right to assert claims of selective enforcement as a removal defense. See Reno v. American-Arab Anti-Discrimination Committee (AADC), 119 S. Ct. 936 (1999).

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