The Briefing Room
General Category => National/Breaking News => SCOTUS News => Topic started by: mystery-ak on May 24, 2021, 09:13:46 pm
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SCOTUS Unanimously Rules Against Criminal Illegal Alien Seeking to Avoid Deportation
John Binder
24 May 2021
The United States Supreme Court (SCOTUS) on Monday ruled against a criminal illegal alien, previously convicted of felony DUI and deported, seeking to avoid deportation after illegally re-entering the U.S.
Refugio Palomar-Santiago, an illegal alien from Mexico, obtained a green card in 1990, a year before the state of California convicted him of felony DUI. In 1998, Palomar-Santiago waived his right to appeal after being ordered deported by a federal immigration judge. Subsequently, he was deported to Mexico the next day.
In 2017, Palomar-Santiago was charged and indicted for illegally re-entering the U.S. Palomar-Santiago challenged the indictment, hoping to avoid deportation, by citing Leocal v. Ashcroft in which the Supreme Court ruled in 2004 that a DUI does not necessarily make a foreign national eligible for deportation.
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision allowing Palomar-Santiago to dismiss the illegal re-entry indictment.
Associate Justice Sonia Sotomayor wrote in a 9-0 decision that the “Ninth Circuit’s interpretation is incompatible” with federal statute, ruling against Palomar-Santiago:
The United States Supreme Court (SCOTUS) on Monday ruled against a criminal illegal alien, previously convicted of felony DUI and deported, seeking to avoid deportation after illegally re-entering the U.S.
Refugio Palomar-Santiago, an illegal alien from Mexico, obtained a green card in 1990, a year before the state of California convicted him of felony DUI. In 1998, Palomar-Santiago waived his right to appeal after being ordered deported by a federal immigration judge. Subsequently, he was deported to Mexico the next day.
In 2017, Palomar-Santiago was charged and indicted for illegally re-entering the U.S. Palomar-Santiago challenged the indictment, hoping to avoid deportation, by citing Leocal v. Ashcroft in which the Supreme Court ruled in 2004 that a DUI does not necessarily make a foreign national eligible for deportation.
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision allowing Palomar-Santiago to dismiss the illegal re-entry indictment.
Associate Justice Sonia Sotomayor wrote in a 9-0 decision that the “Ninth Circuit’s interpretation is incompatible” with federal statute, ruling against Palomar-Santiago:
MORE
https://www.breitbart.com/politics/2021/05/24/scotus-unanimously-rules-against-criminal-illegal-alien-seeking-to-avoid-deportation/
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You know you stepped in it when even a justice like Sotomayor says you stepped in it.
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Associate Justice Sonia Sotomayor wrote in a 9-0 decision that the “Ninth Circuit’s interpretation is incompatible” with federal statute
That's not a strike down, it's a slap down. This sort of reversal ought to carry with it consequences for the 9th circuit judges that voted in the majority.
Were I on the House Judiciary Committee, two or three of these would lead to an impeachment resolution against some appeals court judges.
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Ouch.
Trump did a lot to fix the Ninth Circus, but not enough of the clowns retired or died to get a true repair enabled.
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Unanimous ruling?
I guess this amigo didn't have much of a case...