Tuesday, June 29, 2021

Analysis of Johnson v. Guzman Chavez by Gabriel Chin

Earlier today we posted a brief summary of the U.S. Supreme Court's decision in Johnson v. Guzman Chavez. In this June 29, 2021 decision by the Court, the Justices split 6-3 in denying those who reenter without permission (and thus subject to a process known as reinstatement of removal) from eligibility for release on bond or parole during their proceedings. Gabriel Chin has posted an excellent analysis this afternoon of the decision on SCOTUSblog available here.

In addition to analyzing the reasoning in the decision, Chin makes an interesting observation about the difference in terminology used to refer to immigrants by different Justices. He writes:

Alito and Thomas both used the word “alien” to refer to a person who is not a national or citizen of the United States. That term is often used in the Immigration and Nationality Act. Breyer used “noncitizen,” the nomenclature preferred by those who contend that “alien” is dehumanizing. Justice Brett Kavanaugh is among the justices who prefer the term “noncitizen.” 



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