Supreme Court rules in favor of immigrants in two cases

Supreme Court rules in favor of immigrants in two cases

The Supreme Court handed down two separate opinions that were favorable to immigrants on Tuesday.

Justice Neil Gorsuch delivered the first ruling in FBI v. Fikre, a unanimous decision for a U.S. citizen and Sudanese immigrant who sought to continue his suit against the FBI for placing him on a no-fly list even though his name was removed since he filed the lawsuit.

FBI must face Sudanese immigrant’s lawsuit

The high court held that the government failed to demonstrate that Yonas Fikre’s case was moot, meaning it can now proceed in lower courts. The FBI had argued that because Fikre has not been on the no-fly list for eight years, his allegations of repetitional harm and due process violations were moot.

“A court with jurisdiction has a ‘virtually unflagging obligation’ to hear and resolve questions properly before it,” according to the majority opinion.

Fikre learned he was on the list in 2010 while traveling to Sudan when he was approached by FBI agents who tried to recruit him as a government informant. Fikre has said he refused the offer.

Thomas Berry, a research fellow for the Cato Institute, said the high court “treated the government just like any other defendant, applying the same standard for mooting cases against the government as for cases against any other defendant.

“The Court thus implicitly rejected the government’s argument that it should be given a special ‘presumption of regularity’ not afforded to other parties,” Berry said.

Court widens judicial review for deportation cases

Also on Tuesday, Justice Sonia Sotomayor authored a 6-3 decision that held the U.S. Court of Appeals for the 3rd Circuit erred in holding it lacked jurisdiction to review an immigration judge’s determination, prompting a rebuke from three Republican-appointed justices on the bench, including Chief Justice John Roberts, along with Justices Samuel Alito and Clarence Thomas.

The ruling effectively allows plaintiff Situ Wilkinson, originally from Trinidad and Tobago, to have a second chance to convince a court that his son, a U.S. citizen, would experience “exceptional and extremely unusual hardship” if Wilkinson is deported. Wilkinson overstayed his tourist visa and has been living in the United States without authorization since around 2003.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

“The question in this case is whether the [immigration judge’s] hardship determination is reviewable under §1252(a)(2)D). which gives Courts of Appeals jurisdiction to review ‘questions of law,'” Sotomayor wrote. “This Court holds that it is.”

The 3rd Circuit previously held that it lacked jurisdiction based on a subsection of the federal code that makes unreviewable any “judgment[s] regarding the granting of [discretionary] relief.”

Tags

PREV

PREVIOUS

More than 450 Jewish figures in Hollywood slam Jonathan Glazer’s Oscars speech in open letter

Over 450 Jewish creatives, professionals, and executives working in Hollywood criticized The Zone of Interest director Jonathan Glazer in an open letter after his Oscars speech in which he refuted his own “Jewishness” in a critique of Israel’s war against Hamas. Glazer accepted the Academy Award for Best International Feature Film for his work, which […]

NEXT

NEXT UP

Trophy Cabinet: The big hitters being floated for a new Trump administration

Former President Donald Trump is the presumptive Republican presidential nominee, and his team is reportedly already floating ideas for a second-term Cabinet if he wins the November election against President Joe Biden. The names being considered include two of Trump’s former GOP primary opponents, according to a Bloomberg report that cited anonymous sources familiar with […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests