Justices Scold 9th Circ. For Nixing Immigration Conviction

Law360 (May 7, 2020, 10:38 AM EDT) -- The U.S. Supreme Court on Thursday scolded the Ninth Circuit for overturning an immigration consultant's conviction for encouraging illegal immigration, finding the appeals court's divergence from the case's actual arguments went "well beyond the pale."

In a unanimous decision, the justices overturned a Ninth Circuit ruling that the provision, which makes it a felony to encourage or induce someone to enter or stay in the U.S. illegally, violates the First Amendment by criminalizing a wide range of protected speech, including "every-day discussions" and "simple words."

Finding that the Ninth Circuit had considered arguments not originally raised by the parties, the high...

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