Thursday, June 21, 2018
Immigrants win again in the U.S. Supreme Court, this time in Pereira v. Sessions,
The Court reversed and remanded the court of appeals by an 8-1 vote. Justice Sotomayor wrote for the Court. Justice Kennedy filed a concurring opinion. Justice Alito dissented. The opinions offer interesting perspectives on the applicability of Chevron deference, a foundation of modern administrative law. Justice Sotomayor found the statutory text at issue unambiguous and thus Chevron was inapplicable. In a concurring opinion, Justice Kennedy expressed the view that the time was right to re-examine Chevron and its application by the lower courts. In dissent, Justice Alito accused the majority of ignoring Chevron.
The Court held that a notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal. Jennifer M. Chacon called it correctly.
Stay tuned for a summary of the opinion from SCOTUSBlog.
UPDATE (6/23): Here is Jennifer Chacon's analysis of the opinion from SCOTUSBlog. She notes that the Court "eschews entirely the use of the statutory term `alien' in favor of `noncitizen,' a term that the court defines in footnote 1." Footnote 1 reads as follows: "The Court uses the term `noncitizen' throughout this opinion to refer to any person who is not a citizen or national of the United States. See 8 U. S. C. §1101(a)(3). "