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."

The case raises the deference doctrine of Chevron USA v. Natural Resources Defense Council, which Justice Kennedy observed in Pereira v  Sessions might be due for reconsideration.

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."


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