Noncitizens\u27 Rights in the Face of Prolonged Detention: Johnson v. Arteaga-Martinez

Under the Immigration and Nationality Act (the INA ), codified in part at 8 U.S.C. § 1231, the federal government generally has ninety days to successfully deport a detained noncitizen who has reentered illegally after being removed once before. While exceptions to this time limit exist, the United States Supreme Court determined in 2001 that detention under Section 1231 cannot be indefinite.[1] Now, more than two decades later, the Court must elaborate further. In Johnson v. Arteaga-Martinez, the Court must decide how long a detainment can last beyond the ninety-day statutory limit while a detainee seeks relief from deportation through a procedure called a \u27withholding of removal\u27 (also known as withholding-only relief ). An immigration judge determines the outcome of a withholding of removal claim, and if granted, withholding-only relief provides that a person cannot be deported to their home country.[2] To secure withholding-only relief, a noncitizen must establish a fear of violence in their home country. Once established, the United States government cannot deport the noncitizen to their home country without violating the United Nations Convention against Torture. [1]. Zadvydas v. Davis, 533 U.S. 678, 690 (2001). [2]. American Immigration Counsel and National Immigrant Justice Center, The Difference Between Asylum and Withholding of Removal 2 (2020)

Upholding the Domestic Violence Firearm Prohibitors Under Bruen’s Second Amendment

Federal law prohibits individuals subject to a domestic violence protective order (§ 922(g)(8)) or convicted of domestic violence misdemeanors (§ 922(g)(9)) from possessing firearms. Before New York State Rifle and Pistol Association v. Bruen, these commonsense gun laws had generally been considered uncontroversial, both in terms of their broad popular support and their constitutionality under the Second Amendment. In Bruen, however, the Supreme Court held that when a regulation burdens a Second Amendment right, the regulation must be consistent with American historical tradition, meaning that the regulation must be analogous to a pattern of historical firearm regulation. After Bruen, the domestic violence firearm prohibitors have faced Second Amendment constitutional challenges in courts around the country. The most noteworthy of these cases is a Fifth Circuit case, United States v. Rahimi, which held that the domestic violence misdemeanor firearm ban was unconstitutional because it was not sufficiently analogous to American historical firearm regulation. The Fifth Circuit is the first federal appeals court to examine one of the domestic violence firearm prohibitors after Bruen, and the government swiftly announced its intent to appeal the decision. Because Congress only began regulating domestic violence in the twentieth century, a time period explicitly carved out of the Bruen historical analysis, courts must perform an analysis based in analogy to uphold the constitutionality of the domestic violence firearms prohibitors. Although these complications under the Bruen standard may spark discussion of the decision\u27s logic, this Note meets the law where it is and aims to argue for the constitutionality of these prohibitors within the Bruen framework. Indeed, for Bruen to remain internally consistent and instruct a workable doctrine, domestic violence restrictions on firearm ownership must survive Second Amendment constitutional scrutiny, as they have since their inception

Study protocol: developing a decision system for inclusive housing: applying a systematic, mixed-method quasi-experimental design

Background Identifying the housing preferences of people with complex disabilities is a much needed, but under-developed area of practice and scholarship. Despite the recognition that housing is a social determinant of health and quality of life, there is an absence of empirical methodologies that can practically and systematically involve consumers in this complex service delivery and housing design market. A rigorous process for making effective and consistent development decisions is needed to ensure resources are used effectively and the needs of consumers with complex disability are properly met. Methods/Design This 3-year project aims to identify how the public and private housing market in Australia can better respond to the needs of people with complex disabilities whilst simultaneously achieving key corporate objectives. First, using the Customer Relationship Management framework, qualitative (Nominal Group Technique) and quantitative (Discrete Choice Experiment) methods will be used to quantify the housing preferences of consumers and their carers. A systematic mixed-method, quasi-experimental design will then be used to quantify the development priorities of other key stakeholders (e.g., architects, developers, Government housing services etc.) in relation to inclusive housing for people with complex disabilities. Stakeholders randomly assigned to Group 1 (experimental group) will participate in a series of focus groups employing Analytical Hierarchical Process (AHP) methodology. Stakeholders randomly assigned to Group 2 (control group) will participate in focus groups employing existing decision making processes to inclusive housing development (e.g., Risk, Opportunity, Cost, Benefit considerations). Using comparative stakeholder analysis, this research design will enable the AHP methodology (a proposed tool to guide inclusive housing development decisions) to be tested. Discussion It is anticipated that the findings of this study will enable stakeholders to incorporate consumer housing preferences into commercial decisions. Housing designers and developers will benefit from the creation of a parsimonious set of consumer-led housing preferences by which to make informed investments in future housing and contribute to future housing policy. The research design has not been applied in the Australian research context or elsewhere, and will provide a much needed blueprint for market investment to develop viable, consumer directed inclusive housing options for people with complex disability

Beyond the martial façade: gender, heritage and medieval castles

Gendered interpretations are rare both within castle-studies and heritage discourses on medieval castles. Yet, castles hold potential to inform multi-vocal accounts of the medieval past and to inspire meaningful heritage interpretations to achieve greater societal impact. This article explores the role that gender currently plays in interpretations of medieval castles in Britain, supported by three case-studies written by heritage professionals. The enduring narrative of militarism at medieval castles sites is discussed, together with issues of authenticity in relation to the historical record, which is in itself biased and inherently gendered. Outcomes from a collaborative workshop highlight the need to address interpretative issues where gender is considered to equate to ‘making women visible’. Finally, we pose the question: What makes a ‘good gendered interpretation’ at a public heritage site

Effects of antiplatelet therapy on stroke risk by brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases: subgroup analyses of the RESTART randomised, open-label trial

Background Findings from the RESTART trial suggest that starting antiplatelet therapy might reduce the risk of recurrent symptomatic intracerebral haemorrhage compared with avoiding antiplatelet therapy. Brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases (such as cerebral microbleeds) are associated with greater risks of recurrent intracerebral haemorrhage. We did subgroup analyses of the RESTART trial to explore whether these brain imaging features modify the effects of antiplatelet therapy

Finishing the euchromatic sequence of the human genome

The sequence of the human genome encodes the genetic instructions for human physiology, as well as rich information about human evolution. In 2001, the International Human Genome Sequencing Consortium reported a draft sequence of the euchromatic portion of the human genome. Since then, the international collaboration has worked to convert this draft into a genome sequence with high accuracy and nearly complete coverage. Here, we report the result of this finishing process. The current genome sequence (Build 35) contains 2.85 billion nucleotides interrupted by only 341 gaps. It covers ∼99% of the euchromatic genome and is accurate to an error rate of ∼1 event per 100,000 bases. Many of the remaining euchromatic gaps are associated with segmental duplications and will require focused work with new methods. The near-complete sequence, the first for a vertebrate, greatly improves the precision of biological analyses of the human genome including studies of gene number, birth and death. Notably, the human enome seems to encode only 20,000-25,000 protein-coding genes. The genome sequence reported here should serve as a firm foundation for biomedical research in the decades ahead

DNA methylation patterns identify subgroups of pancreatic neuroendocrine tumors with clinical association

Here we report the DNA methylation profile of 84 sporadic pancreatic neuroendocrine tumors (PanNETs) with associated clinical and genomic information. We identified three subgroups of PanNETs, termed T1, T2 and T3, with distinct patterns of methylation. The T1 subgroup was enriched for functional tumors and ATRX, DAXX and MEN1 wild-type genotypes. The T2 subgroup contained tumors with mutations in ATRX, DAXX and MEN1 and recurrent patterns of chromosomal losses in half of the genome with no association between regions with recurrent loss and methylation levels. T2 tumors were larger and had lower methylation in the MGMT gene body, which showed positive correlation with gene expression. The T3 subgroup harboured mutations in MEN1 with recurrent loss of chromosome 11, was enriched for grade G1 tumors and showed histological parameters associated with better prognosis. Our results suggest a role for methylation in both driving tumorigenesis and potentially stratifying prognosis in PanNETs

Noncitizens\u27 Rights in the Face of Prolonged Detention: Johnson v. Arteaga-Martinez

Under the Immigration and Nationality Act (the INA ), codified in part at 8 U.S.C. § 1231, the federal government generally has ninety days to successfully deport a detained noncitizen who has reentered illegally after being removed once before. While exceptions to this time limit exist, the United States Supreme Court determined in 2001 that detention under Section 1231 cannot be indefinite.[1] Now, more than two decades later, the Court must elaborate further. In Johnson v. Arteaga-Martinez, the Court must decide how long a detainment can last beyond the ninety-day statutory limit while a detainee seeks relief from deportation through a procedure called a \u27withholding of removal\u27 (also known as withholding-only relief ). An immigration judge determines the outcome of a withholding of removal claim, and if granted, withholding-only relief provides that a person cannot be deported to their home country.[2] To secure withholding-only relief, a noncitizen must establish a fear of violence in their home country. Once established, the United States government cannot deport the noncitizen to their home country without violating the United Nations Convention against Torture. [1]. Zadvydas v. Davis, 533 U.S. 678, 690 (2001). [2]. American Immigration Counsel and National Immigrant Justice Center, The Difference Between Asylum and Withholding of Removal 2 (2020)

Upholding the Domestic Violence Firearm Prohibitors Under Bruen’s Second Amendment

Federal law prohibits individuals subject to a domestic violence protective order (§ 922(g)(8)) or convicted of domestic violence misdemeanors (§ 922(g)(9)) from possessing firearms. Before New York State Rifle and Pistol Association v. Bruen, these commonsense gun laws had generally been considered uncontroversial, both in terms of their broad popular support and their constitutionality under the Second Amendment. In Bruen, however, the Supreme Court held that when a regulation burdens a Second Amendment right, the regulation must be consistent with American historical tradition, meaning that the regulation must be analogous to a pattern of historical firearm regulation. After Bruen, the domestic violence firearm prohibitors have faced Second Amendment constitutional challenges in courts around the country. The most noteworthy of these cases is a Fifth Circuit case, United States v. Rahimi, which held that the domestic violence misdemeanor firearm ban was unconstitutional because it was not sufficiently analogous to American historical firearm regulation. The Fifth Circuit is the first federal appeals court to examine one of the domestic violence firearm prohibitors after Bruen, and the government swiftly announced its intent to appeal the decision. Because Congress only began regulating domestic violence in the twentieth century, a time period explicitly carved out of the Bruen historical analysis, courts must perform an analysis based in analogy to uphold the constitutionality of the domestic violence firearms prohibitors. Although these complications under the Bruen standard may spark discussion of the decision\u27s logic, this Note meets the law where it is and aims to argue for the constitutionality of these prohibitors within the Bruen framework. Indeed, for Bruen to remain internally consistent and instruct a workable doctrine, domestic violence restrictions on firearm ownership must survive Second Amendment constitutional scrutiny, as they have since their inception

Global, regional, and national burden of traumatic brain injury and spinal cord injury, 1990-2016 : a systematic analysis for the Global Burden of Disease Study 2016

Background Traumatic brain injury (TBI) and spinal cord injury (SCI) are increasingly recognised as global health priorities in view of the preventability of most injuries and the complex and expensive medical care they necessitate. We aimed to measure the incidence, prevalence, and years of life lived with disability (YLDs) for TBI and SCI from all causes of injury in every country, to describe how these measures have changed between 1990 and 2016, and to estimate the proportion of TBI and SCI cases caused by different types of injury. Methods We used results from the Global Burden of Diseases, Injuries, and Risk Factors (GBD) Study 2016 to measure the global, regional, and national burden of TBI and SCI by age and sex. We measured the incidence and prevalence of all causes of injury requiring medical care in inpatient and outpatient records, literature studies, and survey data. By use of clinical record data, we estimated the proportion of each cause of injury that required medical care that would result in TBI or SCI being considered as the nature of injury. We used literature studies to establish standardised mortality ratios and applied differential equations to convert incidence to prevalence of long-term disability. Finally, we applied GBD disability weights to calculate YLDs. We used a Bayesian meta-regression tool for epidemiological modelling, used cause-specific mortality rates for non-fatal estimation, and adjusted our results for disability experienced with comorbid conditions. We also analysed results on the basis of the Socio-demographic Index, a compound measure of income per capita, education, and fertility. Findings In 2016, there were 27.08 million (95% uncertainty interval [UI] 24.30-30.30 million) new cases of TBI and 0.93 million (0.78-1.16 million) new cases of SCI, with age-standardised incidence rates of 369 (331-412) per 100 000 population for TBI and 13 (11-16) per 100 000 for SCI. In 2016, the number of prevalent cases of TBI was 55.50 million (53.40-57.62 million) and of SCI was 27.04 million (24 .98-30 .15 million). From 1990 to 2016, the age-standardised prevalence of TBI increased by 8.4% (95% UI 7.7 to 9.2), whereas that of SCI did not change significantly (-0.2% [-2.1 to 2.7]). Age-standardised incidence rates increased by 3.6% (1.8 to 5.5) for TBI, but did not change significantly for SCI (-3.6% [-7.4 to 4.0]). TBI caused 8.1 million (95% UI 6. 0-10. 4 million) YLDs and SCI caused 9.5 million (6.7-12.4 million) YLDs in 2016, corresponding to age-standardised rates of 111 (82-141) per 100 000 for TBI and 130 (90-170) per 100 000 for SCI. Falls and road injuries were the leading causes of new cases of TBI and SCI in most regions. Interpretation TBI and SCI constitute a considerable portion of the global injury burden and are caused primarily by falls and road injuries. The increase in incidence of TBI over time might continue in view of increases in population density, population ageing, and increasing use of motor vehicles, motorcycles, and bicycles. The number of individuals living with SCI is expected to increase in view of population growth, which is concerning because of the specialised care that people with SCI can require. Our study was limited by data sparsity in some regions, and it will be important to invest greater resources in collection of data for TBI and SCI to improve the accuracy of future assessments. Copyright (C) 2018 The Author(s). Published by Elsevier Ltd.Peer reviewe