Consolidated with:
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
10-1543 | 9th Cir. | Jan 18, 2012 | May 21, 2012 | 9-0 | Kagan | OT 2011 |
Holding: The position of the Board of Immigration Appeals that an alien seeking cancellation of removal must individually satisfy the requirements of 8 U.S.C. § 1229b(a) – lawful permanent resident status for at least five years and at least seven years of continuous residence in the United States after a lawful admission – rather than relying on a parent’s years of continuous residence or lawful permanent resident status – is based on a permissible construction of the statute.
Plain English Summary: A statute provides that a foreign national may ask the Attorney General to decide, in his discretion, to cancel removal (deportation) if the foreign national meets certain criteria. Two of the criteria implicate length of U.S. residence and length of immigration status. The Board of Immigration Appeals, which is a part of the Department of Justice, interpreted the statutory criteria to forbid the transfer of a parent’s U.S. residence and immigration status to a child if the child cannot meet the criteria on his or her own. The Supreme Court held that the statutory criteria do not make clear whether such imputation is permissible. Because the statute is ambiguous, the Court explained that it would defer to the Board of Immigration Appeals’ reading of the statute as long as that reading is reasonable. The Supreme Court held the reading to be reasonable. This means that the interpretation of the Board of Immigration Appeals survives. A parent will not be able to transfer residency and/or status to a child to determine the child’s eligibility for relief from removal.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on May 21, 2012.
Merits Briefs for the Petitioner
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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