Sixth Circuit Upholds Habitual Drunkard Good Moral Character Bar

The Sixth Circuit has determined that the bar to good moral character for being a “habitual drunkard” does not violate equal protection. However, the court also determined that suffering from alcoholism alone does not constitute being a habitual drunkard. Instead, a court must examine if the individual’s alcoholism is also associated with harmful conduct.

The full text of Tomasczcuk v. Whitaker can be found here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0254p-06.pdf

Ninth Circuit Grants Petition for Rehearing En Banc in Case Involving Habitual Drunkard Bar to Good Moral Character

The Ninth Circuit has voted to rehear en banc the decision in Ledezma-Cosino v. Lynch, in which the three judge panel determined that the habitual drunkard bar to good moral character violated equal protection.

The decision announcing the en banc can be found here: 

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/10/12/12-73289.pdf

The original three judge decision can be found here: 

https://cdn.ca9.uscourts.gov/datastore/opinions/2016/03/24/12-73289.pdf

The Ninth Circuit Invalidates the Bar to Good Moral Character Based on Being a "Habitual Drunkard"

The Ninth Circuit has ruled that chronic alcoholism should be considered a medial disability, and as such, the Equal Protection Clause prohibits the government from discriminating against an applicant in immigration court proceedings based on this disability.  "Just as a statute targeting people who exhibit manic and depressive behavior would be, in effect, targeting people with bipolar disorder and just as a statute targeting people who exhibit delusional conduct over a long period of time would be, in effect, targeting individuals with schizotypal personality disorder, a statute targeting people who habitually and excessively drink alcohol is, in effect, targeting individuals with chronic alcoholism."  "Like any other medical condition, alcoholism is undeserving of punishment and should not be held morally offensive."  The Court expressed concern that based on the government's logic, veterans who drink excessively as a symptom of post-traumatic stress disorder would be considered to lack good moral character.  The Court was also concerned about disproportionate impact on other populations where alcoholism rates are high, such as Native Americans and the homeless.  The Court concluded that the good moral character bar was merely a result of animus against those who suffer from chronic alcoholism, and thus, the government had no rational basis for discriminating against chronic alcoholics in this manner.   

The full text of Ledezma-Cosino v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2016/03/24/12-73289.pdf