¹ Case Concerning Avena and Other Mexican Nationals (Mex. v. U.S.) (Int'l Ct. Justice). Materials regarding the case, including the briefs filed, interim decisions and oral arguments are available at www.icj-cij.org.Google Scholar

² See, e.g., Harden, Blaine & Golden, Tim, The Hunt for a Sniper: The Suspects, N.Y. Times, Oct. 5, 2002, at A1.Google Scholar

³ Teachey, Lisa, Maturino Resendiz Guilty of Murder, Houston Chron., May 19, 2000, at A1.Google Scholar

⁴ Turnbull, Lornet, Boom in Illegal Immigration Apparent in Ohio, Columbus Dispatch, Jan. 30, 2002, at 01F.Google Scholar

⁵ U.S. Sentencing Commission, 2001 Sourcebook of Federal Sentencing Statistics tbl. 9, at 19 (2003), at www.ussc.gov/ANNRPT/2001/table9.pdf (visited last Mar. 15, 2004).Google Scholar

⁶ Id.Google Scholar

⁷ Id.Google Scholar

⁸ Id. at tbl. 36, at www.ussc.gov/ANNRPT/2001/table36.pdf (visited last Mar. 15, 2004).Google Scholar

⁹ U.S. Department of Justice, Bureau of Justice Statistics, Criminal Offenders Statistics, available at www.ojp.usdoj.gov/bjs/ (visited last Mar. 15, 2004).Google Scholar

¹⁰ See, e.g., Daniel P. Mears, Immigration and Crime: What's the Connection?, 14 Fed. Sent. R. 284, 284-85 (2002); Michael Tonry, Ethnicity, Crime, and Immigration, in Ethnicity, Crime, and Immigration: Comparative and Cross-National Perspectives 1, 22-25 (Michael Tonry ed., 1997).Google Scholar

¹¹ Tonry, supra note 10, at 20-22 (model “is simplistic and only partly true.”).Google Scholar

¹² For a critique of this view, see Mears, supra note 10, at 287-88.Google Scholar

¹³ For an analysis of the data on terrorism prosecutions, see Nora V. Demleitner, How Many Terrorists Are There? The Escalation in So-Called Terrorism Prosecutions, 16 Fed. Sent. R. 38 (2003).Google Scholar

¹⁴ Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996, Pub. L. 104-32, 110 Stat. 1214 (Apr. 24, 1996); Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996, Pub. L. No. 104-208, 110 Stat. 2009-546 (codified as amended in sections of 8 U.S.C.).Google Scholar

¹⁵ U.S. Department of Justice, Immigration and Naturalization Service, 2001 Statistical Yearbook of the Immigration and Naturalization Service 236, tbl. 64, at 249, tbl. 65, at 250-57 (2003).Google Scholar

¹⁶ For information on “Operation Predator”, see www.dhs.gov.Google Scholar

¹⁷ See Susan Sontag, In a Homeland Far From Home, N.Y. Times, Nov. 16, 2003, at sec. 6, 48.Google Scholar

¹⁸ Id.Google Scholar

¹⁹ For a critique of the insufficient enforcement of immigration law and especially re-entry violations, see Heather MacDonald, The Illegal-Alien Crime Wave, City Journal (Winter 2004), at www.manhattan-institute.org/cfml/printable.cfm?id=1204 (visited last Jan. 27, 2004).Google Scholar

²⁰ See Linda Drazga Maxfield & Keri Burchfield, Immigration Offenses Involving Unlawful Entry: Is Federal Practice Comparable Across Districts?, 14 Fed. Sent. R. 260 (2002); Linda Drazga Maxfield, Fiscal Year 2000 Update on Unlawful Entry Offenses, 14 Fed. Sent. R. 267 (2002); Nora V. Demleitner & Jon M. Sands, Non-Citizen Offenders and Immigration Crimes: New Challenges in the Federal System, 14 Fed. Sent. R. 247, 249-50 (2002).Google Scholar

²¹ U.S. Sentencing Commission, U.S. Sentencing Guidelines, sec. 2L1.2. See also Maxfield, supra note 20, at 270; Robert J. McWhirter, Aggravated Felon Re-entry Cases Under the 2001 Guideline, 14 Fed. Sent. R. 295 (2002).CrossRefGoogle Scholar

²² Provisions of Feeney Amendment as Enacted into Law as Part of PROTECT Act, Pub. L. 108-21, 117 Stat. 650, reprinted in 15 Fed. Sent. R. 358 (2003). For further information about the Feeney Amendment, see 15 Fed. Sent. R. 307-378 (2003).Google Scholar

²³ Attorney General John Ashcroft, Memo Regarding Policy on Charging of Criminal Defendants (Sept. 22, 2003), at www.usdoj.gov/opa/pr/2003/September/03_ag_516.htm (visited last Mar. 15, 2004).Google Scholar

²⁴ See, e.g., United States v. Onwuemene, 933 F.2d 650 (8^th Cir. 1991); United States v. Borrero-Isaza, 887 F.2d 1349 (9^th Cir. 1989).Google Scholar

²⁵ See, e.g., United States v. Rodriguez-Montelongo, 263 F.3d 429, 432-34 (5^th Cir. 2001).Google Scholar

²⁶ See also Demleitner & Sands, supra note 20, at 250 (some courts have held that “the different treatment of incarcerated non-citizens justifies a downward departure.” Id.).Google Scholar

²⁷ Numerous foreign governments, including Mexico and Saudi Arabia, provide extensive assistance -legal and financial – to their citizens who are being charged with criminal offenses in the United States. See, e.g., Michael Fleishman, Note, Reciprocity Unmasked: The Role of the Mexican Government in Defense of Its Foreign Nationals in United States Death Penalty Cases, 20 Ariz. J. Int'l & Comp. L. 359 (2003) (detailing assistance Mexican government provides to its nationals charged with capital offenses in the United States).Google Scholar

²⁸ For a discussion of the harshness and inflexibility of U.S. immigration law with regard to the deportation of non-citizen offenders as compared to many Western European countries, see Nora V. Demleitner, How Much Do Western Democracies Value Family and Marriage?: Immigration Law's Conflicted Answers, 32 Hofstra L. Rev. 273 (forthcoming spring 2004).Google Scholar

²⁹ Soering v. United Kingdom, 11 Eur. Ct. H.R. at 439 (1989).Google Scholar

³⁰ Courts in other countries that no longer allow for the death penalty have similarly denied requests for extradition in death cases. See, e.g., Guy Taylor, Home a Safe Haven for Mexican Suspects, Wash. Times, Jan. 9, 2004. For a discussion of how the jurisprudence of foreign courts may shape U.S. law, see Paolo G. Carozza, “My Friend Is a Stranger”: The Death Penalty and the Global Ius Commune of Human Rights, 81 Tex. L. Rev. 1031 (2003).Google Scholar

³¹ The World's View of Executions, N.Y. Times, June 13, 2001, at A32.Google Scholar

³² See, e.g., Testimony of Deputy Assistant Attorney General Mary Lee Warren on U.S./Mexico Counternarcotics Efforts Before the Criminal Justice, Drug Policy, and Human Resources Subcomm. of the House Comm. on Government Reform, Feb. 29, 2002, at www.house.gov/reform/cj/hearings/00.02.29/Warren.htm (visited last June 10, 2002) (discussing decision by Mexican Supreme Court and its impact on extradition from Mexico); Terence Jeffrey, Shut Down Mexico's Sanctuary for Murderers, Nov. 13, 2003, at www.townhall.com/columnists/terence jeffrey/printtj20031113.shtml (visited last Nov. 26, 2003); Tim Weiner, Extraditions Are Limited By Ruling In Mexico, N.Y. Times, Jan. 20, 2002, at 9. See also K. Larry Storrs, CRS Report for Congress: Mexico's Counter-Narcotics Efforts under Zedillo and Fox, December 1994-March 2001 CRS-6 (March 30, 2001) (extradition of Mexican citizens for drug violations only if they are being sentenced in U.S. courts under Mexican law).Google Scholar

³³ See, e.g., Gaura, Maria Alicia, How Killers in State Stay Untouchable: Mexican Court Scraps Extradition Treaty – Frustrated California D.A.s Won't Cut Deals, S.F. Chronicle, Aug. 10, 2003.Google Scholar

³⁴ See, e.g., Taylor, Margaret H. & Aleinikoff, T. Alexander, Deportation of Criminal Aliens: A Geopolitical Perspective (1998), at www.thedialogue.org/publications/taylor_criminal.htm.Google Scholar

³⁵ See, e g., Richard, Randall, 500,000 Deportees from U.S. Wreaking Havoc, Associated Press, Oct. 26, 2003.Google Scholar

³⁶ See, e.g., Gorman, Anna, Mexico Seeks Warning on Deportations, L.A. Times, Oct. 8, 2003.Google Scholar