Reports Outline Law Reviews Study Results from University of Iowa.

"On November 12, 2008, the Tenth Circuit held in Hernandez-Carrera v. Carlson that certain classes of aliens may be indefinitely detained following a final order of removal. At issue in the case were competing statutory interpretations of the Immigration and Nationality Act (''INA'') by the United States," researchers in Iowa City, United States report (see also Law Reviews).

"Supreme Court and the Department of Homeland Security (''DHS'',). The Tenth Circuit held that the DHS interpretation of the INA's post-removal-period-detention provision should be granted judicial deference pursuant to the Supreme Court's holdings in Chevron USA, Inc. v. National Resources Defense Council, Inc. and National Cable & Telecommunications Ass'n v. Brand X Internet Services. The Tenth Circuit's resolution of the conflict between the Supreme Court's prior interpretation of the INA and DHS's subsequent and contrary interpretation conflicted with prior decisions by the Fifth and Ninth Circuits. This Note concludes that the Tenth Circuit's resolution improperly relied on Brand X and argues that the Supreme Court's interpretation of the INA overruled any prior or subsequent agency interpretations," wrote B.L. Phillips and colleagues, University of Iowa.

The researchers concluded: "In addition, this Note provides three factors for courts to consider when determining whether to apply Brand X to Supreme Court precedent: (1) whether the statute was intended to limit agency action; (2) whether the statute inherently involves, or could potentially lead to, significant constitutional issues; and (3) whether the judicial interpretation intended to foreclose alternative agency interpretations."

Phillips and colleagues published their study in Iowa Law Review (Questioning the Supremacy of the Supreme Court: Hernandez-Carrera v. Carlson and the Tenth Circuit's Justification for Indefinite Detention Under the Brand X Framework. Iowa Law Review, 2011;96(3):1099-1123).

For additional information, contact B.L. Phillips, University of Iowa, College Law, Iowa City, IA 52242, United States.

Publisher contact information for the journal Iowa Law Review is: University Iowa, College Law, 290 Boyd Law Bldg, Iowa City, IA 52242, USA.

Keywords: City:Iowa City, State:Iowa, Country:United States, Region:North and Central America, Law Reviews, Legal Issues

This article was prepared by Bioterrorism Week editors from staff and other reports. Copyright 2011, Bioterrorism Week via NewsRx.com.