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2 Calif. L. Rev. Circuit 1 (2011)

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    California Law Review Circuit


 Vol. 2                                                        March 2011
                    Copyright © 2011 by California Law Review, Inc.



    Does the Crime Fit the Punishment?:

    Recent Judicial Actions Expanding the

                  Rights of Noncitizens


                              Aarti Kohli*


     5:00 a.m., July 2010: Immigration agents arrive at the home of Farhan
Ezad, a thirty-five-year-old Pakistani national who has been living in the
United States since the age offive. 'Agents place Ezad in handcuffs in front of
his wife and three children, all U.S. citizens, and inform him that he is being
deported based on a 1995 conviction for a fifteen-dollar drug sale in his
                  2
college dorm room. Despite having had no further brushes with the law since
serving five years of probation for his offense, Ezad faces the prospect of
separation from hisfamily and forced return to a land that he barely knows.'

     In his 2011 State of the Union address, President Obama recognized
immigrants' fear of deportation, noting how [t]hey grew up as Americans and
pledge allegiance to our flag, and yet they live every day with the threat of


       Copyright © 2011 California Law Review, Inc. California Law Review, Inc. (CLR) is a
California nonprofit corporation. CLR and the authors are solely responsible for the content of
their publications.
    *  Director of Immigration Policy at The Chief Justice Earl Warren Institute on Law and
Social Policy, University of California, Berkeley, School of Law. I am grateful to Hiroshi
Motomura, Leti Volpp, Joy Milligan, and Juliet Stumpf for their thoughtful criticism and
guidance. I would also like to thank Sarah Martin for excellent research assistance.
    1. Bob Kalinowski, Man Faces Deportation to Country He Does Not Know, TE TIMES-
TRIBUNE (Scranton_ Pa.), Jan. 30, 2011, http://thetimes-tribune.com/news/man-faces-deportation-
to-country-he-does-not-knows-1. 1097458#axzzl CfK85rs2.
    2. Id.
    3. Id.

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