Posted on 04/29/2021 9:15:32 AM PDT by GIdget2004
The U.S. Supreme Court on Thursday bolstered the efforts of some long-term immigrants to avoid deportation in a ruling that faulted the federal government for improperly notifying a man who came to the United States illegally from Guatemala to appear for a removal hearing.
The justices, in a 6-3 ruling that divided the court’s conservative bloc, overturned a lower court’s decision that had prevented Agusto Niz-Chavez from pursuing his request to cancel the attempted expulsion based on having lived in the United States for many years. Niz-Chavez lives in Michigan with his family after entering the United States illegally in 2005.
At issue in the case was whether federal immigration law requires authorities to include all relevant details for a notice to appear for a hearing in one document or can send the information across multiple documents.
“In this case, the law’s terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him,” conservative Justice Neil Gorsuch wrote in the ruling.
Gorsuch was joined by the court’s three liberal justices as well as conservative Justices Clarence Thomas and Amy Coney Barrett.
In a dissent, conservative Justice Brett Kavanaugh, joined by Chief Justice John Roberts and Justice Samuel Alito, said the ruling was “perplexing as a matter of statutory interpretation and common sense.”
(Excerpt) Read more at reuters.com ...
“Federal law” is not the Constitution, but the Constitution is federal law. Hence, there can be federal law that is un-Constitutional. And if the judgment is in favor of a standing un-Constitutional federal law that is on the books but not struck down due to judicial activism, that has everything to do with the Constitution particularly when the Constitution is deliberately ignored.
SCOTUS = Swamp Court of the United States
An example is the justices of the Supreme Court, whose circumambient society today is sick with the decadence of Western Civilisation.
In 1857, the Supreme Court justices allowed themselves to be similarly influenced by the circumambient society, and the infamous Dred Scott decision was the result.
We’re not in Kansas anymore, Toto.
*************
That’s for sure. Our once great country has turned into a corrupt and dysfunctional mess.
Boy that’s the truth
The Feinstein bill that created these procedural hurdles has got to be repealed and replaced with a rule that they can be deported without any process as long as there is no court issued writ of habeas corpus.
The exact law in question specified how a court communicates with a defendant. The issue is not related to immigration status (his immigration status was the subject of the court case in which the court was failing to adhere to law specifying how the court was to communicate with him).
Thank you.
What should be noted is we stand for the rule of law as it is written and applies to our Constitution and not something which can be bent, twisted or ignored depending on the subject matter to which it is being applied or the outcome we desire.
How Constitutional is that law?
SCOTUS = Supreme Clowns of the United States
That’s absolutely correct. The article makes it very clear.
You don’t have a clue. Go back to DU where you belong.
You are really dumb.
Can’t prosecute me for bank robbery because I have been robbing banks for years...
This should be a seen as a victory for conservatism, even if the result is undesirable.
LOL. No such thing exists. There are no moral victories to be had when facing a one party fascist government.
Thomas is rock solid, folks. This must valid a valid nuance for him to side with the liberals.
Opusing?
It’s still frustrating, and results in more illegals.
Note Gorsuch never strikes these poses when it might cause him to draw serious fire from the left. He’s as big a fraud as Roberts in my book.
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