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 ...
it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him,”
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!
interpreted the law as written, and did not rewrite the law to support a political or philosophical agenda....
Exactly right!
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!
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.
"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.
YEP
CONVENTION OF THE STATES
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.