The Volokh Conspiracy

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Second Circuit Cites Scholarship in Both Majority and Dissenting Opinions of Farhane v. United States

My coauthored denaturalization scholarship makes appearances on both sides of the aisle


The U.S. Court of Appeals for the Second Circuit just issued Farhane v. United States, an important case in which the appellant argued that he received ineffective assistance of counsel because his attorney did not warn him of the risks of denaturalization and potential subsequent deportation arising from his guilty plea. The Second Circuit affirmed SDNY's denial of the appellant's habeas petition to vacate his guilty plea, conviction, and sentence.

Both Judge Walker's majority opinion and Judge Carney's dissent cite to my denaturalization scholarship with Cassandra Burke Robertson. The two opinions both cite to our article "(Un)Civil Denaturalization" (NYU Law Review), and the dissent additionally cites to our article "Inalienable Citizenship" (North Carolina Law Review).

We are staying tuned as to whether the Supreme Court ends up granting cert.