Supreme Court Slaps Down 9th Circuit, Rules Against Illegal Alien

theepochtimes.com ^ | 5/24/2021 | Matthew VADUM

[bitt]

Overturning a 9th Circuit Court of Appeals ruling, a unanimous Supreme Court ruled that a previously deported illegal alien isn’t excused on appeal from the legal requirement of demonstrating that he had previously exhausted all administrative remedies and was improperly deprived of judicial review.

The high court’s opinion in the case, United States v. Palomar-Santiago, court file 20-437, was written by Justice Sonia Sotomayor.

Refugio Palomar-Santiago, a Mexican national, was granted permanent resident status in 1990. He lost that status in 1991 following a driving under the influence (DUI) conviction in California state court, which, at the time, was deemed a crime of violence and therefore, an aggravated felony under the Immigration and Nationality Act (INA) that warranted deportation. He was deported in 1998.

Before that, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996, which limited collateral attacks–that is, challenges to previous court rulings in unrelated cases—on deportation orders. Defendants facing unlawful reentry charges have to meet three prerequisites before they can challenge their original removal orders, Sotomayor wrote in the ruling dated May 24.

The legal provision, known as 8 U.S. Code Section 1326, states: “In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order … unless the alien demonstrates that— (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.”

[bitt]

p

[Fai Mao]

9 to 0 wow!

[Regulator]

Even more “wow” is that Sotomayor wrote the opinion.

The decision by the 9th was that bad. They just threw out any law that contravened their feelings and went with it.

[Tupelo]

Written by Justice Sonia Sotomayor?
That sound you heard was my jaw hitting the floor when I saw a herd of pigs flying north for summer.

[mosesdapoet]

What never gets mentioned is that 2nd class treatment Americans get in Mexico in all of this Our allowing the hordes illegally entering the US through the Mexican border and granting them rights American cannot recieve in Mexico even when legally migrating there. We have avoided recognizing and dealing with the 2nd class treatment that American citizens get which is in their constitition while legally residing in Mexico.That includes denial of voting privileges but employment, and land ownership in their name.

NO BORDER PROTECTION WALLS TORN DOWN
What are the effects? Conservative news sources better be reporting Criminal activity and costs to the locality caused by those who should be referenced as the INVADERS because the term “illegals” has been banned.THEN RAISE THE ISSUE IF AMERICANS WERE DOING THIS TO MEXICO WHAT WOULD HAPPEN ?? ALSO POINT OUT THE 2ND CLASS TREATMENT AMERICANS GET IN MEXICO
It is time we reassert our; pardon my using what that one worlder’s call a cussword, SOVEREIGNTY, and consider applying RECIPROCITY. Give the the same treatment an American gets in Mexico The Demorat party ignores what any any citizen of America gets in Mexico .Illegal or legal enty by a Gringo ?No Mexican tax money goes into free legal assistance, paid motel rooms for sneaking in, or subsidized living as well as free medical assistance all not being paid at the expense of the average struggling working tax paying Mexicans .

[HamiltonJay]

Why the hell did it take 7 years to deport him after he should have been deported? That’s what I want to know

[MadMax, the Grinning Reaper]

#5. You think that your jaw hurting from hitting the floor was something. Imagine the pain Sotomayor felt writing this decision. She won’t be able to sit down for a month.

[GOP Poet]

bookmark

[Enterprise]

Big whoop. Millions of illegals to soon be given the right to vote, resulting in forever Democrat rule. The USSC can shove this where even a coyote won’t sniff.

[ml/nj]

You can be sure that this Refugio Palomar-Santiago isn’t paying a cent for all the legal work here. We are. And it’s not cents; more likely millions of dollars.

ML/NJ

[AndyJackson]

We will be handed small insignificant victories by a SC that realizes that after their TX v Pa et al disaster/dodge/fiasco, half the population is wandering around with ropes and inspecting public lamp-posts.

Don’t fall for it. They are traitors - all but two of them. And I am only giving the benefit of the doubt to one of those two.

[zeugma]

More decisions are 9-0 than most folks think, especially early in the term. They seem to get the ‘easy’ ones out of the way early. As the term progresses, you’ll find the more ‘controversial’ stuff, that will be more evenly divided by party.

Anyone who thinks the court isn’t political hasn’t been paying attention.

[TBP]

The Dhimmicraps will never allow this to stand.

[daniel1212]

Its the technical; nature of the case, not a anti-immigration ruling: He lost that status in 1991 following a driving under the influence (DUI) conviction in California state court, which, at the time, was deemed a crime of violence and therefore, an aggravated felony under the Immigration and Nationality Act (INA) that warranted deportation. He was deported in 1998.... In 2004, the Supreme Court ruled in Leocal v. Ashcroft that DUI crimes that lack mens rea, or criminal intent, or merely require negligence for a conviction, aren’t crimes of violence or aggravated felonies under federal law that necessarily require the convicted alien to be deported. “Palomar-Santiago’s removal order thus never should have been issued,” Sotomayor wrote.... During a telephonic hearing on the case on April 27, Erica L. Ross of the Department of Justice said Palomar-Santiago’s arguments would create a “significant loophole” in the law. He should have previously made the case in court, as other individuals did, that his prior offense wasn’t an aggravated felony, instead of raising it as a defense to the illegal reentry charge, she said.

[Vision]

Sotomayor is for the illegal alien but the 9th is so moronic even she can't support their ruling without facing legal criticism.