Supreme Court limits review of factual disputes in immigration cases
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  Supreme Court limits review of factual disputes in immigration cases
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Author Topic: Supreme Court limits review of factual disputes in immigration cases  (Read 313 times)
NewYorkExpress
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« on: May 17, 2022, 07:54:15 PM »

https://www.cnn.com/2022/05/16/politics/supreme-court-immigration-cases-disputes/index.html

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The Supreme Court ruled against a Georgia man who has spent decades in the US and faces deportation after checking the wrong box on a driver's license application.

The ruling made it more difficult for non-citizens who are in removal proceedings to get a federal court to review factual determinations that were made by an immigration court concerning relief from deportation.

Justice Amy Coney Barrett wrote the decision for 5-4 court interpreting the law at issue even more strictly than the federal government.

Conservative Justice Neil Gorsuch wrote the dissent in the case, joined by the court's three liberal justices.

"Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual's removal from this county, and nothing can be done about it," Gorsuch wrote. He said the ruling will have "dire consequences for countless lawful immigrants" and noted that each year "thousands" of individuals seek to obtain a green card" such as students who hope to remain in the country, and a skilled worker sponsored by an employer.

The case concerned Pankajkumar S. Patel, a citizen of India who entered the US unlawfully in 1992 and was seeking to become a lawful permanent resident. In 2008, however, while his petition to adjust his status was pending, he checked a box on a driver's license renewal application falsely maintaining that he was a US citizen. He was later charged with making a false statement.
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #1 on: May 18, 2022, 12:44:18 AM »

This isn't the first time Gorsuch voted to the left of Roberts, is it? I think he sided with the liberals on some Native American cases as well.
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politicallefty
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« Reply #2 on: May 18, 2022, 05:00:46 AM »

This isn't the first time Gorsuch voted to the left of Roberts, is it? I think he sided with the liberals on some Native American cases as well.

Gorsuch is probably the biggest defender of tribal law on the Court (no doubt coming from his time on the Tenth Circuit, which includes Oklahoma). The big case you're thinking of was the McGirt decision back in 2020. It was written by Gorsuch and joined by the then-four liberals. There's a current case pending that will likely chip away at it since Ginsburg has been replaced by Barrett.

This case is somewhat interesting as it's a straight-up opinion versus a single dissent. Gorsuch wrote the dissent and was joined in full by the three liberals. I haven't read through his dissent, but I do know that Gorsuch is not one to give much deference to federal agencies. In this case though, even the federal government agreed Patel.
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