Wednesday, August 06, 2008

U.S. v. Flores-Villar (9th Cir. - Aug. 6, 2008)

You're an illegal alien from Mexico. You've previously been convicted of importing marijuana. You're now convicted of being a deported alien found in the United States. Your best chance for reversal is to make a constitutional equal protection argument and assert that, on that basis, you get to become a U.S. citizen.

You lose below, but appeal to the Ninth Circuit. And a week before oral argument, find out that the panel drawn for your appeal consists of . . . Judges Hall, Rymer and Kleinfeld.

You might as well start packing now.