Consuelo Maria Callahan
Consuelo Maria Callahan (b. 1950) is afederal judge with theUnited States Court of Appeals for the 9th Circuit in San Francisco. She joined the court in 2003 after being nominated by PresidentGeorge W. Bush.
Early life and education
Born in Palo Alto, California, Callahan graduated from Stanford University with her bachelor's degree in 1972, from the University of the Pacific's McGeorge School of Law with herJ.D. in 1975, and from the University of Virginia School of Law with herLL.M. in 2004.[1]
Professional career
- 1996-2003: Associate justice,California Third District Court of Appeal
- 1992-1996: Judge,Superior Court of California, San Joaquin County
- 1986-1992: Commissioner, municipal court, Stockton, Calif.
- 1976-1986: Office of the District Attorney,San Joaquin County
- 1982-1986: Supervisory district attorney
- 1976-1982: Deputy district attorney
- 1975-1976: Deputy city attorney, Stockton, Calif.[1]
Judicial career
Ninth Circuit Court of Appeals
 |
| Nominee Information |
| Name: Consuelo Maria Callahan |
| Court:United States Court of Appeals for the 9th Circuit |
| Progress |
| Confirmed 99 days after nomination. |
 ANominated: February 12, 2003 |
| AABA Rating:Substantial Majority Well Qualified, Minority Qualified |
| Questionnaire: |
| AHearing: May 7, 2003 |
| Hearing Transcript:Hearing Transcript |
| QFRs:(Hover over QFRs to read more) |
| AReported: May 8, 2003 |
| AConfirmed: May 22, 2003 |
| AVote: 99-0 |
Callahan was nominated to theUnited States Court of Appeals for the 9th Circuit by PresidentGeorge W. Bush on February 12, 2003, to a seat vacated by JudgeFerdinand Francis Fernandez. TheAmerican Bar Association rated CallahanSubstantial Majority Well Qualified, Minority Qualified for the nomination.[2] Hearings on Callahan's nomination were held before theUnited States Senate Committee on the Judiciary on May 7, 2003, and her nomination was reported by U.S. Sen.Orrin Hatch (R-Utah) on May 8, 2003. Callahan was confirmed on a recorded 99-0 vote of theU.S. Senate on May 22, 2003, and she received her commission on May 28, 2003.[1][3]
Noteworthy cases
Divided Ninth Circuit panel rules provision in immigration law is unconstitutionally vague
- See also:United States Court of Appeals for the 9th Circuit (Sessions v. Dimaya, No. 11-71307)
- See also:United States Court of Appeals for the 9th Circuit (Sessions v. Dimaya, No. 11-71307)
On October 19, 2015, a three-judge panel of theNinth Circuit Court of Appealsremanded a decision of the Board of Immigration Appeals (BIA). James Garcia Dimaya was convicted for burglary under aCalifornia law. The Board of Immigration Appeals (BIA) held that this conviction constituted a categorical crime of violence as defined under federal law. In 2015, theU.S. Supreme Court held inJohnson v. United States that the Armed Career Criminal Act's (ACCA) residual clause definition of a violent felony was unconstitutionally vague. That language and definition, Dimaya claimed, was of similar construction to the definition of crime of violence under federal law. Accordingly, on appeal, Dimaya argued that the Supreme Court's decision inJohnson was controlling for crimes defined as crimes of violence under U.S. immigration law. A dividedNinth Circuit panel ruled for Dimaya.
Writing for herself in dissent, JudgeConsuelo Callahan rejected the panel majority's view. She wrote, "Contrary to the majority’s perspective, the Supreme Court’s opinion inJohnson v. United States ... does not infect 18 U.S.C. § 16(b)—or other statutes—with unconstitutional vagueness. Rather, the Supreme Court carefully explained that the statute there in issue, a provision of the Armed Career Criminal Act (ACCA) ... is unconstitutionally vague for two specific reasons: the clause (1) 'leaves grave uncertainty about how to estimate the risk posed by a crime'; and (2) 'leaves uncertainty about how much risk it takes for a crime to qualify as a violent crime.' ... In contrast, §16(b), as it has been interpreted by the Supreme Court and the Ninth Circuit, has neither of these shortcomings. The majority’s contrary conclusion fails to appreciate the purpose of § 16(b), elevates the Supreme Court’s reference to 'ordinary cases' from an example to a rule, and ignores the Court’s statement that it was not calling other statutes into question. ... Accordingly, I dissent."[4]
TheU.S. Supreme Court agreed to hear argumentsin this case during itsOctober 2017 term.
- For more, seeSessions v. Dimaya
See also
External links
Footnotes
- ↑1.01.11.2Federal Judicial Center, "Biographical directory of federal judges," accessed July 9, 2016
- ↑American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed July 9, 2016
- ↑United States Congress, "PN 342 - Consuelo Maria Callahan — The Judiciary," accessed July 9, 2016
- ↑U.S. Court of Appeals for the Ninth Circuit,James Garcia Dimaya v. Loretta E. Lynch, October 19, 2015
| Political offices | ||
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| Preceded by - | United States Court of Appeals for the 9th Circuit 2003-Present | Succeeded by - |
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| 2004 | Alvarez •Benton •Boyko •Covington •Diamond •Harwell •Kelley •Schiavelli •Schneider •Starrett •Watson | ||
| 2005 | Alito •Barrett •Batten •Bianco •Brown •Burgess •Conrad •Cox •Crotty •Delgado-Colon •Dever •DuBose •Griffin •Griffith •Johnston •Kendall •Larson •Ludington •Mattice •McKeague •Neilson •Owen •Pryor •Roberts •Sandoval •Schiltz •Seabright •Smoak •Van Tatenhove •Vitaliano •Watkins •Zouhary | ||
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| 2008 | Agee •Anello •Arguello •Brimmer •Gardephe •Goldberg •Jones •Kethledge •Lawrence •Matsumoto •Melgren •Murphy •Scriven •Seibel •Slomsky •Trenga •Waddoups •White | ||
- Pages using DynamicPageList3 parser function
- Appointed by George W. Bush
- Confirmed 2003
- Federal Article III judges
- Federal judge, United States Court of Appeals for the 9th Circuit
- Federal judiciary nominee, February 2003
- United States of America
- Noteworthy case
- Federal judge, Ninth Circuit
- Former California intermediate appellate court judges
- Former California superior court judges
- Former intermediate appellate court justices
