Connect with us

Immigration

SCOTUS: Illegal immigrant avoids deportation thanks to a technicality

Published

on

Screen Shot 2021 01 28 at 4.49.41 PM

The Supreme Court ruled against the deportation of a Guatemalan man because the government failed to notify him of his legal hearing in a single notice.

According to federal law, even an illegal immigrant can avoid deportation if they stay in the country for 10 years. However, if at anytime within those 10 years he or she receives “a notice to appear” at an immigration hearing, the jig is up. Once the notice is received the person must endure the hearing or face deportation. Some endure the hearing and still face deportation. But not Guatemala-born Agusto Niz-Chavez.

Niz-Chavez lucked out because he received several notices that all had different pieces of information. The Court ruled that because the law calls for “a notice” the government broke the law and could not deport him.

RELATED: War Correspondent: ‘It’s a war out there’ on the border

Chavez’s ruling came down to 6-3. Liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer, as well as conservatives Neil Gorsuch, Amy Coney Barrett and Clarence Thomas were the 6 in favor. Opposing judges included Justice Brett Kavanaugh, Chief Justice John Roberts and Justice Samuel Alito.

Justice Gorsuch, who wrote the assenting opinion, recognized that the Court played with semantics. “”At one level, today’s dispute may seem semantic, focused on a single word, a small one at that,” wrote Gorsuch. “But words are how the law constrains power. 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.”

RELATED: Sara Carter: The border crisis is ‘astounding’

However, Justice Kavanaugh did not agree about the power of a single word. “I find the Court’s conclusion rather perplexing as a matter of statutory interpretation and common sense,” Kavanaugh wrote.

Read more here.

You may like

Continue Reading

Immigration

More than 99 percent of migrants in Biden’s ‘Dedicated Dockets’ program have invalid asylum claims

Published

on

Southern Border Patrol illegal immigrants

Mainstream media has not covered President Biden’s “Dedicated Dockets” program which was implemented in May of 2021 as a “fast-track” asylum process. The program promises to get illegal immigrants through federal immigration court in under 300 days.

Breitbart reports that the very enticing promise has led to “more than 99 percent of illegal aliens enlisted” in the program in Los Angeles, California, “to have invalid claims for asylum and are subsequently ordered deported, new data reveals.”

Data comes from the University of California, Los Angeles (UCLA) Center for Immigration Law and Policy which reveals that in the city’s Dedicated Dockets program, just one percent of border crossers are found to have valid claims for asylum.

Additionally, more than 72 percent of illegal aliens ordered deported failed to show up for their asylum hearings. “The bombshell data comes as the Biden administration has deployed an expansive Catch and Release network where more than 954,000 border crossers and illegal aliens have been released into the U.S. interior from February 2021 to April 2022″ adds Breitbart.

When released, they are done so on the promise that they will check in with Immigration and Customs Enforcement (ICE) and show up to their asylum hearings. the UCLA data suggests very few show up to their hearings.

“Although more than 1.2 million illegal aliens have been ordered deported from the U.S. by a federal immigration judge, former Acting ICE Director Thomas Homan told Breitbart News that the Biden administration is deporting just one illegal alien for every 100 illegal aliens successfully crossing the southern border.”

“The most historic illegal alien crossings we’ve ever seen in the history of this nation … in that same year, ICE had the lowest number of removals in the history of the agency,” Homan said.

You may like

Continue Reading
Advertisement

Trending Now

Advertisement

Trending

Proudly Made In America | © 2022 M3 Media Management, LLC