by Brianna Lyman at the Federalist
“[The law] does not allow aliens to seek remission of removal orders in perpetuity based on arguments they could have raised in a hearing that they chose to skip”
In a 5-4 ruling Friday, the Supreme Court erased a loophole that allowed foreigners to avoid deportation proceedings by citing a paperwork technicality.
The case centered on three illegal immigrants: Moris Esmelis Campos-Chaves, an El Salvador native who entered the country illegally in 2005 through Texas; Varinder Singh, a man from India who illegally entered the U.S. in 2016 by “climbing over a fence” in California; and Mexico-native Raul Daniel Mendez-Colín, who illegally entered the U.S. in 2001 in Arizona.
The trio argued that their deportation notices did not meet the criteria for a proper notice as prescribed by the law.
Title 8 USC § 1229 (a) describes two types of notices. The first is a general initial notice to appear that shall include, among other specificities, a “time and place” for the proceeding. The second notice regards a “change or postponement in the time and place of such proceedings.” The Supreme Court previously ruled in 2021 that “this information must be provided in a single document in order to satisfy [the law].”
If an alien does not appear at his removal proceeding,…
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