Supreme Court narrows grounds for revoking citizenship of naturalized citizens

(THIS ARTICLE IS COURTESY OF CNN)

Supreme Court narrows grounds for revoking citizenship of naturalized citizens

The US Supreme Court is seen in Washington, DC, on January 31, 2017.

Story highlights

  • The case concerned a naturalized citizen who was deported after lying on her naturalization application
  • The ruling will come as relief to advocates of immigrant rights groups

Washington (CNN) The Supreme Court on Thursday narrowed the grounds on which naturalized citizens can have their citizenship revoked.

The case concerned Divan Maslenjak, a naturalized citizen who was deported after lying on her naturalization application. Maslenjak, an ethnic Serb who was born in a Serb village in what is today Bosnia and Herzegovina, arrived in the United States in 2000 as a refugee and was ultimately granted naturalization in 2007.
In 2013, however, a jury found her guilty of making false statements on her application for naturalization and she was stripped of her citizenship.
The court unanimously ruled in favor of Maslenjak, holding that the offense had to be materially related to the decision to grant naturalization.
“If whatever illegal conduct occurring within the naturalization process was a causal dead-end — if, so to speak, the ripples from that act could not have reached the decision to award citizenship — then the act cannot support a charge that the applicant obtained naturalization illegally,” Justice Elena Kagan wrote.
Newly appointed Justice Neil Gorsuch issued his first separate opinion in the case, which concurred with the judgment.
The ruling will come as relief to advocates of immigrant rights groups who feared that the lower court opinion that went against Maslenjak would give the government the power to take away citizenship and jail people based on any minor misstatement in their citizenship application.
The decision also comes at a time of concern in the human rights community that the Trump administration will aggressively seek to strip citizenship, said Steve Vladeck, CNN Supreme Court analyst and professor of law at the University of Texas School of Law.
Kagan said the government’s position, “wholly unmooring the revocation of citizenship from its award” would open the door to a “world of disquieting consequences — which would need far stronger textual support to believe Congress intended.”
Maslenjak’s lawyers challenged the jury instruction in the case because the jury was told it could convict her even if the false statement at issue did not influence the government’s decision to approve her naturalization.
The government argued that it could strip citizenship from an individual who lied during the naturalization process — without having to prove that the lie was significant to the decision to grant naturalization.
Lower courts were split on the issue of whether the government must prove that the offense was material to the decision to grant naturalization.
In court, Christopher Landau, a lawyer for Maslenjak, conceded that she had lied. But he said the jury instruction in the case “didn’t require the government to prove that the underlying violation of law had any effect whatsoever on the naturalization decision.” He argued that his client should be able to go back to court to argue the material question before the jury, and he acknowledged that even then she would have a “tough row to hoe.”
During arguments for the case, Roberts had a memorable moment when he reviewed a naturalization form used by the government and was concerned about how broad the questions were and of the impact the government’s position could have if someone did not fully answer every single question. He launched his own line of inquiry.
He noted that one question asks whether the applicant has ever attempted to commit a crime for which he was not arrested.
“Some time ago, outside the statute of limitations, I drove 60 miles an hour in a 55-mile-an-hour zone. … I was not arrested,” he said, as the audience laughed.
“Now you say,” Roberts continued, that if he had failed to note the offense on the form “20 years after I was naturalized as a citizen, you could knock on my door and say, ‘guess what, you’re not an American citizen after all?'”
Roberts later said he thought the government’s position could lead to a problem of “prosecutor abuse.”

A Putin Opponent Is Doused in Green. He Makes It Work.

(THIS ARTICLE IS COURTESY OF THE NEW YORK TIMES)

Photo

Alexei Navalny, a prominent Russian opposition leader, taking a selfie with supporters after an unknown assailant doused him with green liquid in Barnaul, Russia. CreditAlexei Navalny, via Associated Press

During Russia’s surreptitious invasion of Crimea, much was made of the “little green men,” soldiers without insignia who turned out to be Russian regulars.

On Monday there was a new green man — albeit one of a decidedly different political hue — the opposition leader Alexei Navalny, who was doused with a bright green liquid in the Siberian city of Barnaul by an unknown assailant who had pretended to shake his hand.

Mr. Navalny wrote on his Facebook page that he initially feared an acid attack after feeling a burning sensation. But relief appears to have given way to exaltation after he realized that the bright green liquid not only would not harm him, but even made him look like a superhero — in his eyes, anyway. He can be seen mugging for the camera in a selfie taken after the fact.

Referring to masked heroes in Hollywood films in a post on Twitter, he wrote: “I will be opening a headquarters in Barnaul as if I am from the film The Mask! Cool. Even my teeth are green!”

Mr. Navalny, a charismatic critic of President Vladimir V. Putin, was a major driver of large street protests in 2011, 2012 and 2013, and has irked the Kremlin by shining a light on corruption. His bid to run for president of Russia was effectively derailed in February when a Russian court revived a four-year-old criminal conviction for defrauding a state company.

But he has continued to campaign, with his supporters saying the charges against him are politically motivated.

It turns out that being attacked with green substances is something of an occupational hazard for outspoken opponents of Mr. Putin. Late last month, Mikhail M. Kasyanov, another Putin critic, was spattered with green paint at a march in memory of the politician Boris Nemtsov, who was shot and killed on a Moscow bridge two years ago.

After the Siberia incident, some Navalny supporters showed solidarity by painting their faces green and posting on Twitter (“Alexey, Kazan headquarters is with you! We support!”), and one prominent blogger was detained after being seen on Red Square with his face and hands painted green.

“This strange assumption of the Kremlin: to pour brilliant green on me so that I don’t travel around the country and call rallies,” he wrote on Facebook. “It’s way cooler that way. Barnaul and Biysk volunteers (where we are opening two campaign headquarters these days) will get the most stylish selfies ever, and I’ll be the star of any rally.”

He did, however, seem more concerned about his new green teeth. “Lemon won’t help you remove brilliant green,” he wrote. “Formic acid is way better. But I’ll remain light-green for quite some time. What worries me is my teeth. They are also green so far, but I hope they’ll discolor.”

Whatever his new appearance, he showed little sign of backing down. “Our plans don’t change,” he wrote on Facebook. “On 26th, turn out for rallies.”

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China-Serbia visa-free regime to go into effect

(THIS ARTICLE IS COURTESY OF THE SHANGHAI DAILY NEWS)

China-Serbia visa-free regime to go into effect

SERBIAN Foreign Minister Ivica Dacic told a press conference Friday that the country’s agreement on a mutual visa-free regime with China will take effect Jan. 15.

He said all internal procedures have been completed in Serbia and China.

Dacic added the visa-free regime will start 30 days after the two countries inform each other officially.

The minister also said that the Serbian government will continue to cancel visas with as many countries as possible.

According to previous reports, the draft visa-free agreement will allow holders of ordinary passports of both countries to enjoy a visa-free entry for a stay of up to 30 days.

China’s Women Win Volleyball Gold For Third Time In Rio

China wins third women’s volleyball gold

ZHU Ting propelled China to a 3-1 (18-25, 25-17, 25-23, 25-23) victory over Serbia to claim the gold medal of the women’s volleyball tournament at Rio 2016 Olympic Games on Saturday.

Zhu, who was named the Most Valuable Player, finished as the top scorer of the competition with a total of 179 points including a tournament-high 33 in the semifinals against the Netherlands. She capped her participation with 25 points as the main Chinese weapon in the triumph.

China climbed to the top of the podium for the third time in the history of volleyball at the Olympic Games and first since Athens 2004. They also won the gold medal in Los Angeles 1984, a silver medal in Atlanta 1996 and bronze medals in Seoul 1988 and also at home in Beijing 2008.

China’s Lang Ping became the first to win a gold medal as a player in Los Angeles 1984 and repeat the feat now as a coach.

The silver medal for Serbia is their best finish in three Olympic appearances after concluding fifth and 11th in Beijing and London, respectively.

China’s Hui Ruoqi and Xu Yunli contributed 13 and 12 points in the victory, while Yuan Xinyue added 9, including three blocks.

Tijana Boskovic and Milena Rasic were the top scorers for Serbia with 23 and 16 points, respectively, and Tijana Malesevic and Brankica Mihajlovic finished with 11 apiece in the loss.

The fourth set was a close battle until Zhu scored twice for a 16-13 lead. With Mihajlovic and Boskovic both on the bench, Serbia closed in to 19-18 with consecutive spikes by Malesevic and Veljkovic. Serbia tied at 20-all via opponent error. Then at 23-all, Rasic served out of bounds and China won 25-23 with the spike by Hui.

“We faced a very tough opponent but we concentrated on each point, one by one,” said Hui.