The U.S. Supreme Court has given victory to migrants deported by Migration News
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Thousands of people threatened with removal from the Department of Homeland Security are allowed to remain in the U.S.
The U.S. Supreme Court on Thursday offered new hope to thousands of long-term immigrants who wanted to avoid deportation because the U.S. government accused them of failing to hear a man illegally coming from Guatemala to appear for dismissal.
He was split by the Supreme Court in a 6-3 decision conservative bloc, the judges overturned the decision of the lower court, which prevented Agusto Niz-Chavez from continuing his request to cancel the expulsion attempt based on the length of time he lived in the United States.
Niz-Chavez lives in Michigan with his family in 2005 after entering the U.S. illegally.
The judges ruled that the federal immigration law requires authorities to include all the details that may appear in the hearing document, rather than sending the information in multiple documents. The verdict could result in hundreds of thousands of immigration cases.
“In this case, the terms of the law ensure that when the federal government seeks a procedural advantage against the individual, it will provide at least a single and reasonable statement of the course of proceedings against it,” the Conservative said. Neil Gorsuch Justice he wrote in the judgment.
Gorsuch was joined by three Liberal court judges and Conservative judges Clarence Thomas and Amy Coney Barrett.
In a dissent, conservative Brett Kavanaugh justiceAlong with Justice General John Roberts and Justice Samuel Alito, he said the ruling was “confusing in terms of legal interpretation and common sense.”
The ruling ends the U.S. Department of Homeland Security’s years of activity and will slow down people placed in immigration proceedings in the short term, said Stephen Yale-Loehr, a professor of immigration law at Cornell University.
“It gives them a second chance to prove that they meet the requirements for removal and other types of relief,” Yale-Loehre said.
The verdict in favor of the immigrants comes at a time when President Joe Biden had he wanted to reverse it Many of Trump’s former administration’s hard-line administrative procedures were aimed at preventing migrants from trying to enter the U.S.
Under federal law, immigrants who are not legal permanent residents can apply for a stay of deportation when they have been in the U.S. for at least 10 years. The time taken to reach this section ends when the government initiates immigration proceedings with the notification appearing, the limit known as the “stop time” rule.
In 2013, eight years after entering the country, police stopped Niz-Chavez in his vehicle for a broken tail light. The federal government followed through with a notice to appear before the removal court.
In 2018 the Supreme Court saw in another case that the time and date of the hearing were set aside without notice, with Niz-Chavez citing a misleading note in his case arguing that the stop rule was not initiated.
The 6th U.S. Circuit Court in Ohio ruled against Niz-Chavez in 2019, saying important information could be sent in more than one document. The Supreme Court overturned that ruling.
Other Supreme Court rulings may be difficult for immigrants who want to stay in the U.S.
In the arguments of April 19, the judges reluctantly appeared to apply for permission to become permanent residents for persons who have been on humanitarian grounds if they enter the country without the necessary documentation.
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