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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