Arce v. United States: The Ninth Circuit Correctly Interpreted § 1252(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 While the Eighth Circuit Ignored Supreme Court Precedent in Silva v. United States

Abstract

This Note will first examine the facts and holding of Arce. This Note will also discuss the importance of Judge Kelly’s dissenting opinion in Silva v. United States to the Arce decision. Next, this Note will dive into the background and precedent leading to the Arce and Silva decisions. Finally, this Note will analyze both the Ninth Circuit and the Eighth Circuit decisions and will conclude that Arce v. United States was correctly decided while Silva v. United States ignored United States Supreme Court precedent in order to advance the Eighth Circuit’s own interpretation of § 1252(g).