Supreme Court limits review of factual disputes in immigration cases

[Polybius]

Source: CNN

Washington (CNN)The Supreme Court has 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. Conservative Justice Neil Gorsuch wrote the dissent for himself with the three liberal justices.

Pankajkumar S. Patel, a citizen of India, entered the US unlawfully in 1992 and was seeking to become a lawful permanent resident. In 2008, 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.

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

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Gorsuch sides with the good ones, odd...

[elleng]

1. Maybe 'odd,' but also interesting, imo.

[Ford_Prefect]

2. Gorsuch seems to have an idea about how rules apply, just not one we can depend on.

[hamsterjill]

4. Oh, they will periodically dissent when they know it won't matter.

After all, they have to appear like they are being unbiased, at least for a while longer.

[bucolic_frolic]

3. I know good government when I see it, and I know bad government when I see it

and this is bad government. Nit-picking government.

[Gilbert Moore]

5. odd

" Gorsuch sides with the good ones, odd... "

The unholy 5 are probably taking turns being nice as long as 2 of them don't do it and the good guys win the argument. . .

[bronxiteforever]

6. Cruelty is the point.

“Although the charges against him were dropped, the Department of Homeland Security ultimately placed him, his wife and one of his sons in removal proceedings.”

[TheRealNorth]

7. Lying is only approved if you are a Republican.

Clearly he is not US citizen material if he is unaware of that basic premise.

[Missn-Hitch]

8. LOL!! I can't wait when it's Thomas's turn to "side" with the liberals.

SCOTUS is a political party.

[EndlessWire]

9. From the dissenting view:

“In circumstances like that, our law has long permitted individuals to petition a court to consider the question and correct any mistake,” he said. He said that the immigration judge had rested his decision on the fact that he didn’t think Patel had checked the wrong box mistakenly, and the erroneous belief that Patel wouldn’t have been able to receive the license without saying he was a citizen. Gorsuch said the federal courts should be able to review such claims."

That's what fact finding is for, to determine whether it was a mistake or not. We have a justice system which is supposed to ferret out the truth, not just crush people for mistakes. Attorneys are forgiven for all sorts of malfeasance in the system, but let YOU eff up, and you are toast.

I am curious as to why the guy's wife and one of his sons are being deported as well.

I don't care if the guy is allowed to stay. For pity's sake, he's not an arch criminal or something. He checked the wrong box. There is no evidence that it was anything else. We know this because the ruling was based on the immigration judge's feelings.

What is going on? Are we being treated to "one bad decision a day" week, or something? Or, are they just letting their hair down, to show us how stupid they really are, and they don't care what we think?

[secondwind]

10. Damn...he's been in the U.S. for 30 years, for heaven's sake...

Cruel and unusual punishment.......