Thursday, January 7, 2021
Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contesting deportation -- Might Chevron deference be reconsidered?
Jack Chin for SCOTUSBlog previews Pham v. Guzman Chavez, which will be argued before the Supreme Court on January 11. Chin writes that "[t]he case, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants at issue are a subgroup of a subgroup: those who have previously been ordered removed, and are statutorily subject to swift deportation based on reinstatement of the prior order, but who have a so-called `withholding' claim, which, if granted, prohibits their removal to a particular country under the Convention Against Torture or related U.S. statutes and regulations."
Update (Jan. 13): Jack Chin for SCOTUSBlog analyzed the argument. I read the transcript of the arguments and agree wholeheartedly with Professor Chin: "The Supreme Court heard argument on Monday by telephone in Pham v. Guzman Chavez, which raises a complex question about bond for migrants in removal proceedings. The justices asked hard questions of both sides."