Circuit Split Alerter

Whether a non-citizen must demonstrate prejudice when an Immigration Judge fails to comply with 8 C.F.R. § 1240.10(a)(1)’s requirement to ask if the respondent desires counsel.

Whether the Fourth Amendment's 'community-caretaking' exception requires police to follow standardized criteria when deciding to impound a vehicle (as is required for post-impound inventory searches).

Whether a federal district court that has dismissed a case for lack of subject-matter jurisdiction may nevertheless entertain and award attorney’s fees under a fee-shifting provision.

Whether sports-event contracts offered on federally regulated designated contract markets are “swaps” under 7 U.S.C. §1a(47) such that the CEA grants the CFTC exclusive jurisdiction and pre-empts state sports-gambling laws.

Whether law-enforcement officers may, without a new warrant, open and examine digital files referenced in a NCMEC CyberTip under the private-search doctrine.

What constitutional standard governs an emergency, pre-hearing removal of children from parental custody by child-protective authorities?

Whether a warrant supported by probable cause is required to conduct a strip search of an arrestee outside the jail/prison context, or whether reasonable suspicion suffices under the Fourth Amendment’s search-incident-to-arrest doctrine.

Whether individuals with felony convictions are within "the people" protected by the Second Amendment and therefore may invoke Second-Amendment rights against 18 U.S.C. § 922(g)(1).

How to count videos as “images” under U.S.S.G. § 2G2.2(b)(7) when determining the number-of-images enhancement for child-pornography offenses.

Standard for when a court may deny a Rule 48(a) motion or dismiss an indictment with prejudice – whether discretion is limited to prosecutorial bad-faith/harassment (or other patent unfairness to the defendant) or may rest on broader ‘public-interest’ and ‘integrity of the courts’ considerations.

Whether noncitizens present in the United States without lawful admission are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) or to discretionary detention with bond eligibility under 8 U.S.C. § 1226(a).

Whether, and under what standard, the Rohrabacher-Farr Amendment bars Department of Justice prosecution of state-legal medical-marijuana activity.

Whether a non-retroactive change in criminal law can constitute an “extraordinary and compelling” reason for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i).

Whether civil FBAR penalties imposed under 31 U.S.C. § 5321(a)(5) are “fines” subject to the Eighth Amendment’s Excessive Fines Clause.

Whether Title IX provides an implied private cause of action for employees of federally funded educational institutions to sue for sex-based employment discrimination (i.e., whether Title VII is the exclusive federal remedy for such claims).