Tuesday, June 29, 2021
Immigration in the Supreme Court, 2020 Term
Once the BIA issues its decision, federal courts will employ highly deferential review, upholding the BIA’s finding regarding credibility unless `any reasonable adjudicator' should have reached the opposite conclusion. Practitioners should be mindful of these standards at each stage of review and craft their arguments accordingly. Where the record contains conflicting evidence, practitioners should explain why the inconsistencies should not lead to a finding of adverse credibility." (bold added)
"The Supreme Court of the United States unanimously decided Sanchez v. Mayorkas . . . , ruling that a married couple who fled earthquakes in El Salvador cannot receive green cards even though they have been lawfully in the U.S. for 20 years . . . . The ruling, which has potential to affect hundreds of thousands of immigrants with TPS, was not unexpected, but is being hailed as evidence of the urgency to create a `pathway to citizenship” for TPS holders and other immigrants.'"
This disappointing SCOTUS ruling underscores the importance of Congress acting swiftly to create a pathway to citizenship for TPS holders and Dreamers. Our immigrant communities deserve stability and certainty. https://t.co/gFMiMKN0BX— Maura Healey (@MassAGO) June 7, 2021
"The question in this case is whether respondents are entitled to a bond hearing while immigration authorities engage in the lengthy process of determining whether respondents have the legal right (because of their fear of persecution or torture) to have their removal withheld. The Court points to two statutory provisions that might answer that question. The first, §1226, is a more general provision governing detention, and favors respondents. It says that `pending a decision on whether the alien is to be removed from the United States,' 8 U. S. C. §1226(a), the Government `may release the alien on . . . bond' or `conditional parole.' §§1226(a)(2)(A), (B) . . . . The second, §1231, is a provision that more specifically applies to `aliens ordered removed,' and can be read to favor the Government because it does not expressly provide for a bond hearing during what it calls the 90-day `removal period.' 8 U. S. C. §1231(a)(2) . . . .
The Court agrees with the Government."
U.S. government wins.
"Petitioner Pankajkumar Patel checked a box on a Georgia driver’s license application falsely stating that he is a U.S. citizen, even though he was eligible for a license regardless of his citizenship. . . . When Patel later sought to adjust his status to lawful permanent resident and obtain a green card, a divided panel of the Board of Immigration Appeals denied him relief, holding that he is inadmissible because he `falsely represented' himself as a U.S. citizen for a benefit under state law. . . . . When Patel sought review of that decision, the en banc U.S. Court of Appeals for the 11th Circuit parted with decisions of other courts — and rejected the government’s own reading of the governing statute — to hold that the court lacked jurisdiction to review threshold eligibility findings for discretionary relief from removal, including whether the immigrant is inadmissible for incorrectly representing himself as a U.S. citizen. (The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) "