A Tale of Two Victims Trying to Stay Above Water While Pursuing Justice: Corey Feldman and Patty Fortney (And Her Sisters)

MARCI A. HAMILTON

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.

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Searching for Even Slim Reeds of Optimism That This is Not the End of the Rule of Law in America

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan offers two possible reasons for cautious optimism that the rule of law survives under President Trump: (1) Trump continues to lie, and (2) even the most potentially unreliable Democrats have not (yet?) decided to stop opposing him.

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Guadalupe v. Attorney General United States

Docket: 19-2239

Opinion Date: February 26, 2020

Judge: Roth

Areas of Law: Immigration Law

Guadalupe entered the U.S. in 1998. In 2003, he married Torres, a U.S. citizen; he was granted conditional permanent resident status. The couple divorced in 2006. Guadalupe applied for the removal of the conditional basis of his permanent resident status. Torres claimed that Guadalupe married her for immigration purposes. USCIS concluded that Guadalupe’s marriage had not been in good faith and terminated Guadalupe’s status. He was placed in removal proceedings. In 2007, DHS sent him a Notice to Appear (NTA) that omitted the date and time for the removal hearing. Four days later, the Immigration Court mailed Guadalupe a Notice of Hearing that contained the date and time. Guadalupe, with counsel, attended the hearing. The IJ denied Guadalupe relief from removal. The BIA affirmed. Guadalupe failed to depart. In 2018, the Supreme Court decided, in "Pereira," that where an NTA does not contain the date or time for the hearing, the noncitizen continues to accrue time toward the 10 years of continuous residence required to apply for cancellation of removal. Guadalupe moved to reopen his case, arguing that he had accrued the 10 years of continuous residency required to apply for cancellation of removal. The BIA denied the motion, reasoning that the Notice of Hearing cured the defective NTA. The Third Circuit vacated the removal order, holding that Pereira abrogated its precedent. DHS may no longer rely on a Notice of Hearing to cure a defective NTA.