Supreme Court Sides with Illegal Alien Fighting Deportation
The illegal alien, Austo Niz-Chavez, who arrived in the US in 2005 said “his rights” were violated when he received two notices from the government instead of one notice.
Six justices sided with the illegal migrant as Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett joined Gorsuch in the majority decision.
Justice Kavanaugh said the majority decision was ridiculous.
The Supreme Court continues to disappoint.
The U.S. Supreme Court has sided with an illegal immigrant from Guatemala fighting his deportation by immigration authorities in a 6-3 decision authored by Justice Neil Gorsuch that “focused on a single word,” ABC News reports.
Agusto Niz-Chavez brought the case after the government initiated deportation proceedings against him in 2013, about eight years after he first crossed the border into the U.S. in 2005. The government sent two notices, the first alerting him to the charges against him and the second giving the date and time of his court appointment.
Federal law states that an immigrant can only appeal a removal order if they’ve been in the U.S. for 10 years, and the law says that the delivery of a notice to appear pauses the clock, but Niz-Chavez claimed that the multiple notices did not qualify as the single notice that the law requires, an argument that six of the court’s justices agreed with. The majority ruled on Thursday that the Department of Justice broke federal law when it failed to issue a single “notice to appear” that provided details about the charges and a date to appear in court.
“To an ordinary reader — both in 1996 and today — ‘a’ notice would seem to suggest just that: ‘a’ single document containing the required information, not a mishmash of pieces with some assembly required,” wrote Gorsuch, who was joined by Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett.
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