Can a federal judge mandate proportionality review?

MultiRegion, United States of America

The following excerpt is from Marin-Marin v. Sessions, 852 F.3d 192 (2nd Cir. 2017):

cannot mandate proportionality review. See HerreraMolina v. Holder , 597 F.3d 128, 13334 (2d Cir. 2010) (explaining, in the context of retroactivity analysis, that the application of clear immigration statutes does not implicate fair notice concerns).

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