GlobalCourt rules in favor of immigrant in case of exemption from deportation

Court rules in favor of immigrant in case of exemption from deportation

NY.- The Supreme Court decided this Tuesday that federal appeals courts can review many decisions by immigration judges about whether they should deport someone who is in “exceptional and extremely unusual hardship” and is related to a person who is legally in United States.

The vote was 6 to 3 and the majority showed an unusual coalition; the three liberal members of the court and the three judges appointed by President Donald J. Trump.

The case concerns Situ Kamu Wilkinson, who was born in Trinidad and Tobago. In 2003, fleeing violence, she exceeded her stay in the United States than her tourist visa allowed.

A decade later, he and his girlfriend had a son, who is a U.S. citizen.

After he was detained by authorities in 2019, Wilkinson tried to avoid deportation under a provision of a federal statute that allows immigration judges to grant pardons to people whose removal would cause great hardship to a wife, parents. or children.

Wilkinson meets the other criteria of the law, having lived in the United States for at least 10 continuous years, being of good moral character and not having been convicted of certain crimes.

An immigration judge found that Wilkinson’s son suffers from severe asthma and that he provides him with financial and emotional support.

The judge also determined that the son has been having behavioral problems since Wilkinson’s arrest, when the boy was 7 years old.

Although the judge decided that those circumstances do not represent the type of adversity that could grant him an exception to the usual rules.

The Board of Immigration Appeals affirmed that ruling.

Wilkinson sought review by the U.S. Third Circuit Court of Appeals, which ruled that he does not have jurisdiction under the 1996 law that stripped federal appeals courts of most of their authority over deportation-related rulings.

Justice Sonia Sotomayor said an amendment to the law does not allow appeals courts to review “doubts about the law.”

He added that the immigration judge’s application of the statutory standard to the facts involving Wilkinson’s son satisfied that requirement.

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