Civil Rights Clinic in the mix over debate on constitutionality of parts of the Immigration and Nationality Act

UNIVERSITY PARK, Pa. – After being appointed by the U.S. Court of Appeals for the Third Circuit to represent a client who is fighting deportation, students in Penn State Law’s Civil Rights Appellate Clinic find themselves in the center of a constitutional challenge to part of the Immigration and Nationality Act (INA) that is likely to land in the lap of the Supreme Court.

In July 2015, the Third Circuit appointed the clinic to represent Carlton Baptiste, who is subject to an Oct. 15, 2014, order of removal from the Board of Immigration Appeals for crimes committed in 1978 and 2009. His attempted removal is governed by section 242 of the INA. Baptiste, 76, is facing deportation to his native country of Trinidad, where he has not resided since 1965. He has lived in the United States since then and has been a lawful permanent residence since 1972. His entire family resides in the U.S.

As counsel for Baptiste, the clinic worked hard last semester on an opening brief to the Third Circuit and just recently filed a reply brief in response to the Department of Justice. The brief explains why the Board of Immigration Appeals cannot deport Baptiste, arguing, in particular, that the portion of the INA under which Baptiste would be deported is unconstitutionally void for vagueness.

The Supreme Court recently struck down a statute with similar deficiencies in Johnson v. United States. More recently, relying on Johnson, the Fifth, Seventh, and Ninth Circuits ruled in accordance with the clinic’s stance that the law upon which Baptiste’s removal is based is unconstitutional. The clinic hopes to persuade the Third Circuit to follow these other federal courts and similarly strike down this portion of the INA.

Penelope Scudder, a third-year Penn State Law student and a member of the Civil Rights Appellate Clinic for two prior semesters, said: “When the clinic took this case, we believed that we had a strong case for arguing against Mr. Baptiste's removal. It's been an incredible experience to watch how this area of law has unfolded over the course of just a few months and to see what we can contribute to its development." 

Third-year student and current clinic member Eric Golden agreed: “I am proud to have had the opportunity to work on this case and engage in meaningful appellate work. This case is important because, if the statute is struck as unconstitutionally void for vagueness, it will give hope to others in Mr. Baptiste's position and provide more certainty to immigrants in the future."

In addition to Golden, the clinic students include Richard Armezzani, Tori Buzzelli, Kelsey Mansell, Katie Pareja, Alex Park, and Lanique Roberts. Scudder is now continuing her work on the Baptiste case as research assistant to Professor Michael Foreman, who serves as the clinic’s director and oversees the students’ research and writing of the briefs before they are submitted.

The Civil Rights Appellate Clinic, one of nine legal clinics available to Penn State Law students, provides intensive training in appellate advocacy by involving students in noncriminal civil rights cases before state appellate courts, federal courts of appeal, and the U.S. Supreme Court. Students conduct research, draft briefs, assist in case selection, develop substantive legal positions, and plan appellate strategy. The clinic is an exciting opportunity for law students to learn appellate advocacy and get involved in federal civil rights cases.

“As a third-year law student, it’s wonderful to finally get to apply the skills I’ve learned,” said Park. “Having a chance to file a brief with the Third Circuit is incredible, especially considering the constitutional question at issue. We very well may help to shape the nature of constitutional law within this jurisdiction.”

Added Roberts, “The Baptiste case reinforced the idea that the law is more than just rules that we follow—it is a structure that must be read properly because it greatly affects our lives.”

Baptiste’s case is currently pending before the Third Circuit. The clinic recently petitioned for oral argument in this case, which has not yet been scheduled.