Tuesday, November 3, 2015
Yesterday, the Supreme Court in Mellouli v. Lynch, the 2015 case in which the Court set aside a removal order based on a Kansas drug paraphernalia conviction for possession of a sock to conceal a prescription drug, entered the following order:
"The joint motion to vacate the Court's order of August 21, 2015, granting the application for stay is granted. The stay of proceedings heretofore issued by the Court on August 21, 2015, is hereby vacated."
After the Supreme Court had rejected the removal order, the court of appeals had remanded the case to the Board of Immigration Appeals (BIA), placing the possibility of revival of the removal order (and a bar to Mellouli's return to the United States -- he returned to Tunisia after the initial removal order was entered). As explained in this Law 360 article, the Court stayed review by the BIA of the case. The Court lifted the stay after the U.S. government agreed to ask the BIA to permanently close the removal case. The parties had agreed to ask the BIA to terminate removal proceedings. Lyle Denniston details on SCOTUSBlog the recent twists and turns in the Mellouli saga before the order yesterday.