Supreme Court ruling could upend deportation cases

Ianus · 08-28-2018, 11:59 PM

https://www.azcentral.com/story/news...ses/797321002/

Quote:

On June 21, the Supreme Court overwhelmingly ruled that a Brazilian immigrant qualified to have his deportation case canceled and to receive a green card because years earlier the government issued him an incomplete notice to appear in immigration court.

The Supreme Court's 8-1 ruling received little public attention at the time, partly because it seemed to have only a narrow effect on similar cases involving long-term undocumented immigrants. Those immigrants may now qualify for a difficult-to-win immigration provision that allows them to avoid deportation and receive a green card.
There is more of the article, but the rest would have to be read.
The ruling also was overshadowed by the Trump administration's decision a day earlier to end the separation of families at the border amid global outcry.

Since then, the Supreme Court's ruling has sent a shock wave through immigration courts.The ruling threatens to upend all deportation cases in which ICE issued incomplete notices to appear,including hundreds of thousands of pending cases and thousands more already decided.

Besides bogging down already overburdened immigration courts, the ruling could deal a major blow to the Department of Homeland Security's immigration enforcement crackdown, which the Trump administration has made a major priority.

Ultimately, the issue may land back in the courts, which will have to decide the scope of the Supreme Court's ruling, experts say.

In the meantime, from California to New York, immigration courts have been flooded with requests from immigrant attorneys asking judges to have their clients' deportation cases terminated. They argue that based on a wider interpretation of the Supreme Court's decision, immigration courts don't have jurisdiction over cases involving invalid notices to appear.

It's difficult to predict what will happen to immigrants whose deportation cases are terminated. It seems likely that the government will pursue new deportation cases against them or file appeals given the Trump administration's priority on immigration enforcement, experts say.

At the least, the ruling will buy more time in the United States for immigrants who have their deportation cases terminated. Others may win a second shot at remaining in the United States.

So far, immigration judges have reacted differently to the Supreme Court's decision. Some have granted requests to terminate cases and others have terminated cases on their own, said Parastoo G. Zahedi, a Vienna, Virginia, immigration attorney.

Homeland Security prosecutors have been appealing some cases that judges have terminated, said Zahedi, who founded a private Facebook page for immigration attorneys to share information on how immigration judges nationwide are reacting to the Supreme Court's decision.

Some immigration judges have denied the requests, prompting appeals by attorneys on behalf of their clients, she said. Other immigration judges have rescheduled deportation cases until later dates, hoping to receive further guidance from the Board of Immigration Appeals, which issues decisions on appeals, or the Justice Department, which oversees immigration courts, she said.

"It seems like wherever you are in the country you are getting different treatment," Zahedi said.

She has noticed a pattern. Immigration judges on the West Coast are more likely to terminate cases based on the Supreme Court's ruling, she said, while East Coast immigration judges are more reluctant, while there is a mixed bag in the middle of the country.

TexasDreamy · 08-29-2018, 12:28 AM

Blah blah blah... does this mean CIR/DREAM ACT for everyone?

2MoreYears · 08-29-2018, 12:52 AM

Interesting.

Demise · 08-29-2018, 02:15 AM

Quote:

Originally Posted by TexasDreamy

Blah blah blah... does this mean CIR/DREAM ACT for everyone?

No, it means that getting a NTR that says "At place to be set", "At a time to be set", doesn't stop the clock for Cancellation of Removal. A lot of people got that as their first notice including myself.

Of course to qualify for cancellation of removal you need a LPR/USC Spouse, Parent(s), and/or Child(ren), who'd suffer "Exceptional and Unusually Extreme Hardship". Now, these cases take years due to severe backlog (4,000 cap and many more applicants than that), during which you can apply for a work permit.

One important thing to remember is that you can buy a lot of time by seeking COR, lets say you actually arrived legally and have a USC child, the case can be reasonably drawn out long enough for the kid to turn 21.

IamAman · 08-29-2018, 04:28 AM

Quote:

Originally Posted by TexasDreamy

Blah blah blah... does this mean CIR/DREAM ACT for everyone?

Yes. Given that Dreamer circumstances vary considerably, any immigration news is relevant.

Lambo Mercy · 08-29-2018, 06:53 AM

Deport us

Leroyrb5044 · 08-29-2018, 11:03 AM

Nah u should just self deport

DogJuiceMan · 08-29-2018, 12:27 PM

Deport yourself if you don't like it here. Nobody is holding a noose around your throat forcing you to stay. Mexico is on the up and up.

JayR9 · 08-29-2018, 01:05 PM

Quote:

Originally Posted by DogJuiceMan

Deport yourself if you don't like it here. Nobody is holding a noose around your throat forcing you to stay. Mexico is on the up and up.

Senoritas and tacos sound good

DogJuiceMan · 08-29-2018, 02:42 PM

Shiet with the way Mexico will be, it would be foolish to stay in the United States. AMLO will turn the country into a superpower and the United States and China will be afraid of Mexican Might.

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Supreme Court ruling could upend deportation cases