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U.S. Supreme Court hands victory to immigrants facing deportation
Reuters ^ | 04/29/2021 | Andrew Chung

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Government; Mexico; News/Current Events
KEYWORDS: aliens; illegals; notification; scotus
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To: GIdget2004

it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him,”


That at least seems appropriate.


61 posted on 04/29/2021 3:33:33 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: AndyJackson
The Notice to Appear - without any details - has been formal policy for decades.

The policy is called "Catch and Release."

Millions of Notices have been issued.

Failure to Appear has been the proximate cause for millions of deportations.

90% of illegal immigrants who cross the border and are detained get the same Notice to Appear.

At least 80% of the illegal immigrants who are detained in the interior USA get the same Notice to Appear.

The reason no date or time is listed is because it takes at least six months to schedule a hearing.

The reason no city or state is listed is because illegals are free to wander around the USA until their first hearing, as long as they voluntarily inform DHS where they live.

If this decision means what I think it means, the Supreme Court has just granted the right to appeal to millions of illegal immigrants who have been deported!

62 posted on 04/29/2021 6:44:28 PM PDT by zeestephen
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To: Labyrinthos

interpreted the law as written, and did not rewrite the law to support a political or philosophical agenda....

Exactly right!


63 posted on 04/29/2021 7:59:32 PM PDT by krizzy (Never underestimate Joes ability to F things up. )
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To: Bayard
Re: "My question is whether this opens up new litigation on the grounds of improper notifications now?"

In my opinion - yes.

A "Notice to Appear" is the legal foundation for "Catch and Release."

At least 75% of illegal immigrants who are deported each year were charged with "Failure To Appear" for their court hearing.

If you fail to appear, you cannot appeal a deportation order by the court.

In my opinion, Gorsuch, Clarence Thomas, and Amy Barrett, just created a right to appeal for millions of illegal immigrants who have already been deported!

64 posted on 04/29/2021 9:57:58 PM PDT by zeestephen
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To: zeestephen

It is generally the case that if you appear to answer any notice you have waived your right to complain about the notice - unless the only thing you do is contest the adequacy of the notice.


65 posted on 04/30/2021 5:11:11 AM PDT by AndyJackson
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To: GIdget2004
Misleading title

"U.S. Supreme Court hands victory to immigrants facing deportation"

should read:

U.S. Supreme Court sides with Illegal Alien immigrants facing deportation over American citizens.

Further bastardizing the constitution in a startling yet not surprising usurpation of juris prudence.

66 posted on 04/30/2021 5:36:57 AM PDT by SERE_DOC ( The beauty of the Second Amendment is that it will not be needed until they try to take it. TJ)
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To: EinNYC

YEP

CONVENTION OF THE STATES


67 posted on 04/30/2021 5:41:36 AM PDT by ZULU (Impeach John Roberts for corruption. SOROS IS "SPARTACUS" BOOKER'S LANISTA.)
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