Document Type
Brief
Publication Date
11-12-2020
Abstract
Introduction and Summary of Argument: This amicus brief addresses the obligation of U.S. courts to construe federal statutes, including the Immigration and Nationality Act (“INA”), in a manner consistent with the nation’s obligations under binding international treaties. This has been an established canon of statutory construction since Murray v. The Schooner Charming Betsy, 6 U.S. (2 Cranch) 64 (1804). Applying that canon here, this Court should avoid an interpretation of the INA that allows for detention without a prompt individualized determination by a court, independent of the detaining authorities and capable of ordering release, that detention is reasonable, necessary and proportionate under the facts of the particular case.<\p>
Recommended Citation
Hathaway, James C., "Pham v. Chavez: Brief of Amici Curiae Human Rights First and International Law Scholars in Support of Respondent" (2020). Appellate Briefs. 68.
https://repository.law.umich.edu/briefs/68
Comments
Amicus: Human Rights First; Aceves, Professor William J.; Alston, Professor hilip G.; Costello, Professor Cathryn; Crepeau, Francois; Gilman, Professor Denise; Goodwin-Gill, Professor Guy; Hathaway, Professor James C.; Nowak, Professor Manfred; Paoletti, Professor Sarah; Scheinin, Professor Martin