Supreme Court Saves Immigrant From Deportation

Joe Ravi via Wikimedia Commons

The Supreme Court has punished the government for not following its own rules.

The Supreme Court has ruled that an illegal immigrant can avoid deportation on a technicality.

According to Fox News:

Federal law says that an illegal immigrant in such a situation can avoid deportation at the attorney general’s discretion if they have been in the U.S. for at least 10 years. The clock officially stops when they receive “a notice to appear” with information about their hearing. But in cases like plaintiff Agusto Niz-Chavez’s, the government sent multiple documents containing different pieces of information. The court’s majority ruled that because the law says “a” notice, that means it must be a single document.

“At one level, today’s dispute may seem semantic, focused on a single word, a small one at that,” Justice Neil Gorsuch wrote in the court’s opinion. “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.”

Gorsuch led an unusual collection of justices in the 6-3 decision. Siding with him were liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer, as well as conservatives Amy Coney Barrett and Clarence Thomas. Justice Brett Kavanaugh penned the dissent, joined by Chief Justice John Roberts and Justice Samuel Alito.

Niz-Chavez came to the U.S. in 2005, and the Supreme Court began the removal process in 2013, after which he was ordered to leave the U.S. voluntarily or be deported. He had received two notices, one in March 2013 with his charges, and another in May 2013 with the time and place of the hearing.

Kavanaugh dissented and stated: “I find the Court’s conclusion rather perplexing as a matter of statutory interpretation and common sense.”



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George
1 year ago

I don’t get it! Just”what” did SCOTUS say? “WHAT” was this all about? Illegal deportation?

NancyJ
NancyJ
1 year ago
Reply to  George

Seems to me that it is about importing criminals. Everyone seems to forget that illegal means criminal and this current fraud of a government wants us to support these criminals with our tax dollars.
It shouldn’t matter if the criminal has been here for a year or for twenty years. If they have not even made an effort to become naturalized citizens, then they’re still giving their support to whatever country they came from, They might even in some cases be a spy. They just found several hundred Chinese spies that they are trying to round up. They also arrested several Iranians-at the border.
Washington had just better start doing their jobs.

Malia
Malia
1 year ago
Reply to  NancyJ

The SCOTUS seems to have lost it’s way. They are to support the US Constitution and protect the citizens of the US – not illegal immigrants. Secure US borders and protect us from enemies foreign and DOMESTIC. The Biden admin. is a threat to US national security.

SDOFAZ
1 year ago
Reply to  NancyJ

AS noted, Washington is NOT doing their job and the SC is sliding on the usual slippery slope.

Terry Fox
Terry Fox
1 year ago

I would not be shocked to read a cascade of rulings like this. Congress is notoriously sloppy when it writes laws. In the past, the courts have basically said we don’t care what the law that Congress wrote says, we’ll just interpret any way that we or sometimes the government wants to. Actually following the law as written hasn’t been done in years. This should be a fun ride, with unpredictable results because so-called “journalists are not used to having to quote the actual words of the laws.

NancyJ
NancyJ
1 year ago
Reply to  Terry Fox

It would help if Robert’s was set back where he belongs (in the back row) and a true Justice such as Clarence Thomas was given the top job. He at least cares about the rule of law.

Ken
Ken
1 year ago

If you are not legal and you have not gone through the proper channels to get here, Get the F*** out of here. Go back to your country and do the proper paperwork to come back. Too many have done it the right way. It would be a slap in their face to have these illegals get to stay.

walt
walt
1 year ago
Reply to  Ken

That’s not the Democratic way. If you are legal, you must follow every rule to a T or you might be deported. If you are an illegal alien who snuck into the country, you don’t have to follow any rules at all and we’ll feed, cloth, and ensure your health. You can even fly commercial without documentation and we’ll give you an envelope of cash to boot. By the way, when we grant you amnesty, remember to vote Democrat. That’s the Biden/Harris Socialist rule my friends.

Bob Elder
Bob Elder
1 year ago
Reply to  walt

illegal is illegal and even if you try to rename it undocumented its still illegal and should be sent home immediately and told to apply at your home country US consulate or American embassy. scotus stands for screwed up.

NancyJ
NancyJ
1 year ago
Reply to  Bob Elder

Maybe it is time for their country of origin to pay the bill!

NancyJ
NancyJ
1 year ago
Reply to  walt

Texas has been complaining for years about the pregnant Mexican women who sneak across the border for free prenatal care and free hospitalization . They have really been a drain on the medical community.
Guess who is paying more because they are paying nothing.

Shamu
Shamu
1 year ago
Reply to  NancyJ

Southern Border State American Citizens go to Mexico for Medical treatment, ’cause it’s cheaper and as good or better than we have here! BTW I lived in Texas over 10 years and I know this is Fact!

James Harris
James Harris
1 year ago
Reply to  Ken

Prepare yourself,these lunatics running the country,and their buttsucking judges,are are gonna ruin the world now.if something isn’t done rapidly,the world will fall to communism,and then the murders will begin.wholesale slaughter,on epic scales,with bio engineered diseases.its coming on a high speed rail, right at us now

Mac
Mac
1 year ago
Reply to  Ken

True dat

Donna Calandra
1 year ago

here we go with the ”gray’ area of the law

walt
walt
1 year ago
Reply to  Donna Calandra

It’s not gray at all. “A” means one and apparently only one. Better get that letter right the first time cause you can’t send a follow up or reminder. Got to protect them “illegals” at any and all costs.

Jeff Adickes
Jeff Adickes
1 year ago

We take better care of illegal immigrants than United States citizens

Mandy Martin
Mandy Martin
1 year ago
Reply to  Jeff Adickes

YES!!! Sad, but true

walt
walt
1 year ago
Reply to  Jeff Adickes

In fact they take care of ILLEGAL ALIENS better than troops returning from combat or retiring after 25 years of dedicated service. Example: Veterans do NOT get any dental care, eye care, or hearing devices – BUT illegals get it all. Does anyone think that’s the way it should be? In my opinion, we should stop the bleeding if they are injured and deport them immediately with a baloney sandwich and a soda. Just boot them out the door as fast as we can and be done with it. People who enter the country legally should be welcomed with open arms in accordance with the law. Illegals should get zero, nada, nothing except a kick in the poster.

Mac
Mac
1 year ago
Reply to  walt

The demsturds are buying votes with your money just like obummer got all his brothers coming over here the same way when he was an illegitimate pres just like Obiden

anniedawn
1 year ago
Reply to  walt

I think it was 2017 American taxpayers paid $134.9 BILLION for illegal aliens. In one year(?) LA county spent $1.3 BILLION on illegal aliens while 50,000 American citizens were living in tents. theremembranceproject.org/ Americans killed/murdered by illegal aliens.

R. E. & ELISABETH SHARP
Reply to  Jeff Adickes

Exactly right, every illegal we let stay in this country is an affront and a slap in the face to all those Americans who immigrated legally.

Gael Czartowski
Gael Czartowski
1 year ago

Right on ! It is an insult and an affront to all of our ancestors who came to America legally. I am a first generation American. When my Grandfather came to
the USA in 1907, he had to wait another 3 yrs. before he was permitted to bring
my Grandmother, my two aunts and my mother here. When he came in 1907, he had to have a citizen as a sponsor, have a job to come to and a place to live.
Obviously, the job of the sponsor was to get him a place to live and a job. Remember, in1907, there were no e-mails, faxes, telephones, etc. In 1910, when
my mother, grandmother and two aunts were allowed to come, it was the first time mu grandfather had seen my mother because my grandmother was 8 mos.
pregnant with my Mom when my grandfather got the ok to come to the U.S. Every single American should be sickened by the cavalier way people enter this country and live off the taxpayers. It is a slap in the face to our ancestors who followed the rules.

NancyJ
NancyJ
1 year ago

I have an acquaintance that worked for seven years to save enough money, find a job and fulfill all the requirements for immigration, including learning English, study to pass the citizenship exam, and bring her son with her.
How do you think she feels to see these criminals just walk through the unfinished wall that President Trump built?

ALSCV
ALSCV
1 year ago
Reply to  Jeff Adickes

You are correct. Look at the many veterans who need help, some living on the streets. What does Biden do? Nothing!

Kathy
1 year ago
Reply to  Jeff Adickes

That IS A FACT!!!! I could sure use the US$ the illegals are getting but nope I’m an American citizen so the hoops I have to jump through just to tap on my home equity is astronomical!!! But they could get several of themselves together and go to New York, put their money together and outright BUY a home that some poor American family has lost!! That is now the USA way!! Thinking about…. when ONE AMERICAN CITIZEN gets shot it goes global!!!! Why when an MS13 gang shot first one person then seven more on the evening of the same day at the exact same location….was it not even mentioned????!!!? See the media power the Dems have. This happened on the outskirts of Portland Oregon, I think it was Thursday. Wow the Dems have some amazing coverup power!!!!

policestate
1 year ago

So in otherworldly the Supreme Court has just given amnesty and the right to stay in the USA to millions of illegal aliens. What a bunch of parts, they should not even be allowed to clean toilets let alone be judges on the highest Court in the land.

walt
walt
1 year ago

This is pushing crazy to the limit. So if authorities send you a reminder all bets are off. ZERO common sense in this ruling. I would have never thought that something this stupid could possibility have gotten to the supreme court in the first place. This was sloppy on behalf of the Congress, this was stupidity on behalf of the SCOTUS. “Acting like spoiled children, they are.” says Yoda.

Mac
Mac
1 year ago
Reply to  walt

You know what’s more stupid. The president you have now

NancyJ
NancyJ
1 year ago
Reply to  Mac

We didn’t vote for him. He is a Soros appointee.

Vanessa Harris
Vanessa Harris
1 year ago

Is this like Bill Clinton’s depends on what is, is? Doggy DooDoo. Gorsuch what is your issue?

James Harris
James Harris
1 year ago

I find pretty much everything this sc does,perplexing in the least,outright treasonous at worst.im for defunding the supreme court alltogether !! The way they dissented on the election fraud state lawsuits,leave them as useless as teets on a boar hog.i have no further use for them, and don’t wish any of my tax money to go toward funding them.i disent on paying for them.

Judy Chaffin
1 year ago

Shouldn’t be here Illegal in the first want to come follow our Laws n Traditions. If non’t go back to where you came from. Or become a Citizen Legally

Donald
Donald
1 year ago

That is the most repugnant of rulings I have ever been aware of. Those Justices that agreed with that decision need to undergo mental examinations. The subject is, under the laws of the USA, a criminal foriegn national and should be arrested forthwith regardless of the SCOTUS’ ruling. Their ruling in no way makes him less of a criminal under our laws!

Mac
Mac
1 year ago
Reply to  Donald

Well if you have salon of money you can buy what ever you want. Even America. It’s been bought 2 times already cuz our fathers rather have money then a safe secure country

True American
True American
1 year ago
Reply to  Donald

I think the present SCOTUS knows little of the law nor do they care. They have a job for life so don’t rock the boat.

Mitch Barkett
Mitch Barkett
1 year ago

Common sense? There is none these days. The country will implode with Biden running the show.

djea3
djea3
1 year ago

SCOTUS is now beyond ALL logic. As a matter of fact both simultaneously would mean that a person arrested for DUI would have to have a date of hearing entered into at arrest.
SCOTUS has become the enemy of the PEOPLE.

True American
True American
1 year ago

This SCOTUS nit picks the wording in search of something to appear they are neutral and to avoid making the DNC mad and condemning the SCOTUS. In other words do nothing to change the narrative.

Walkin O'Shea
1 year ago

Can’t say much for those conservative candidates on the Supreme Court. They’re nothing more than useless. They’re showing their ineffectualness. Not surprising…once you get the job for life, the salary, and the gold plated benefits why bother doing your job.

steve
steve
1 year ago

screw the notices –just deport them–

Gary Abbe
1 year ago

Can someone tell me the definition of a duck? That’s the problem. There is none which is the same as illegal alien.

Maggie Colburn
Maggie Colburn
1 year ago

Why are we paying for illegals rights up to the Supreme Court for one person, how ludicrous is this when millions of voters couldn’t get them to hear any arguments about the stolen election of our greatest President in modern history? The Supreme Court is allowing the radicals to take over our country and it’s so very sad.

NancyJ
NancyJ
1 year ago

I find it curious that the Supreme Court would even entertain hearing a case about a criminal but not hear the case when Texas and more than fourteen other states had an issue with fraud in a Presidential election.

Carolinadog
Carolinadog
1 year ago

So if you are on the 10 Most Wanted list for 10 years and the government didn’t properly notify you to surrender, you go free ? Kavanaugh is right about one thing, you certainly can’t legislate common sense and apparently you can’t enforce it.

captnguido
captnguido
1 year ago

So, let me get this straight. If an illegal gets caught crossing the border, he/she gets processed and if not given a court hearing date and time right then and there, they can just go about staying in our country illegally! Any further notice to appear in court or be deported becomes null and void. Am I correct in this?

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