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

[Yo_Mama_Been_Loggin]

Source: Reuters

(Reuters) - 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.

Read more: https://www.msn.com/en-us/news/us/us-supreme-court-hands-victory-to-immigrants-facing-deportation/ar-BB1gbx6g?li=BBnb7Kz

[ripcord]

1. I don't see how this is that big a win

As long as he is considered to be living in the country illegally they will just restart the process and cross all the Ts and dot all the Is this time around, we need to real fix.

[Johnny2X2X]

3. I think it gives some standing to argue the full case

Specifically that time in country can now be something argued as a reason to be able to stay here.

Not a huge victory, but still significant for some people.

[SleeplessinSoCal]

5. In 2005 Bush Adm was extremely Latino immigrant friendly.

He'd have a case that he was welcomed with open arms, made his living, and paid taxes here, only to be removed from his family by White Supremacists.

[Calista241]

2. That's a weird mix of votes.

Gorsuch, Kagan, Sotomayor, Breyer, Coney-Barrett, and Thomas on one side. Roberts, Kavanaugh and Alito joined in the dissent.

[SleeplessinSoCal]

6. I bet they drew straws.

[elleng]

4. 'at least supply him with a single and reasonably comprehensive statement

of the nature of the proceedings against him,"'


Sounds like DUE PROCESS to me.

[Ford_Prefect]

7. I think the practice has been to hit them with bits and pieces which MAY apply rather than a full

assessment. The upshot was they would be held and face each charge out of context. There are conditions which might apply if you've only been here 48 hours as opposed to 5 or 15 years, including character references, property ownership, employment, extended family and so on. I'm not up on all the nuances. But the INS and ICE are well known for playing keep-away with the verities as a means of disabling defense motions and legal rights. They also have a habit of applying the most egregious charges in the circumstances on the slimmest pretext of evidence along with multiple charges where possible. Another tactic is to misidentify someone with a similar name to one on a warrant. They've also been known to threaten to act against other family members if the person arrested fights the charges. It's a version of Walking while Brown in America.

In one case they grabbed a veteran who was born here. They sent him out of the country by claiming his ID was false and holding him incommunicado while they processed his paperwork. His family had no idea where he was or what had happened until they got a call from (I think it was) Guatemala.

[rpannier]

8. Okay. I am surprised that Clarence Thomas was in the majority

I'm not surprised that Alito was in the minority