See Shady Grove, 131 S. Ct. at 1438; 8 U.S.C. § 1251(e)(1)(B). Unlike 8 U.S.C. § 1251(e)(1)(B), the may, if otherwise phrase does not explicitly repeal Rule 23 or the Rules Enabling Act (28 U.S.C. § 2072) for private TCPA causes of action brought in federal courts, let Case 7:12-cv-00581-CS Document 23 Filed 07/27/12 Page 18 of 46 8 alone mention either of them.

Deportation has been closely linked to criminal convictions since well before the passage of AEDPA and IIRIRA. See, e.g., former INA § 241(a)(2), 8 U.S.C. § 1251(a)(2) (1994) (listing criminal offenses triggering deportation under pre-1996 law). However, AEDPA and IIRIRA greatly increased the categories of criminal judgments that triggered presumptively mandatory detention and deportation, extending them to many non-violent and misdemeanor offenses, and significantly curtailed the availability of discretionary relief from removal.

6 a08/10/16 -1- CITY'S P&A’S IN SUPPORT OF MSJ/PARTIAL MSJ 15-cv-01115 I. INTRODUCTION AND BRIEF STATEMENT OF FACTS Plaintiff Southwest Key Programs, Inc. (“SWK”) is one of several entities that contracts with the federal government to house unaccompanied alien children (“UAC”) who enter the Country illegally. As made clear by the Supreme Court: “Unsanctioned entry into the United States is a crime, 8 U.S.C. § 1325, and those who have entered unlawfully are subject to deportation, 8 U.S.C. §§ 1251, 1252 (1976 ed. and Supp. IV).”