Conservative justice sides with liberal judges in 5-4 SCOTUS ruling on illegal immigrant deportation

In the case of an illegal immigrant seeking to avoid deportation, a ruling of 5-4 against found the United State Supreme Court in disagreement as to their specific role within the constitutional framework and Justice Neil Gorsuch sided with his liberal peers.

Pankajkumar Patel had entered the country illegally in the 90s with his wife Jyotsnaben and had endeavored to adjust his status in 2007 with the United States Citizenship and Immigration Services (USCIS). However, when seeking to obtain his Georgia driver’s license, Patel had erroneously indicated that he was already a citizen and so his discretionary adjustment had been denied.

The case of Patel v. Garland was heard by SCOTUS after Patel had appealed to the 11th Circuit Court following the Department of Homeland Security (DHS) attempting to deport him and his wife. Writing for the majority, Justice Amy Coney Barrett was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh in ruling the matter was outside their purview because Congress had set forth the rules Attorney General Merrick Garland’s Justice Department was required to follow.

“Federal courts have a very limited role to play in this process,” Barrett wrote. “With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal.”

She noted, “At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances.”

In siding with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, Gorsuch’s dissent was highly critical of the majority and expressed the ramifications implied in inherent infallibility within the federal bureaucracy where, barring intercession from Congress, the rule was supreme.

“Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country,” Gorsuch wrote, “and nothing can be done about it. No court may even hear the case. It is a bold claim promising dire consequences for countless lawful immigrants.”

“As a result, no court may correct even the agency’s most egregious factual mistakes about an individual’s statutory eligibility for relief,” he added as he parsed through the language used by the majority and by Congress in the statutes referenced.

Barrett had countered Gorsuch’s argument in the conclusion of her opinion when she wrote, “The plain…not any interpretive presumption, drives our conclusion today. Because the statute is clear, we have no reason to resort to the presumption of reviewability.”

However, in his assessment, that conclusion “turns an agency once accountable to the rule of law into an authority unto itself. Perhaps some would welcome a world like that. But it is hardly the world Congress ordained.”

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17 thoughts on “Conservative justice sides with liberal judges in 5-4 SCOTUS ruling on illegal immigrant deportation

  1. What happens when the millions of illegals who are here, experience the same type problem? do we approve several million? Country is going down the tube! nobody follows rules for laws.!

  2. How about deporting all the illegals that cross the border blatantly since China Joe took the helm?

    1. I think you meant STOLE the helm, correct?
      MAGAA Trump 2024 (or sooner)

  3. First of all, I seriously doubt that he was “erroneous” when he said he was already a citizen — he purposely lied so he could get a driver’s license. Just one more example, too, of how doless the government is when it comes to illegals taking up residence in our country! And it gets worse every minute since the White House squatter and his equity administration told them they were welcome to illegally enter!! What a waste of space these liberals are! Allowing all these illegals to pour over our borders daily, giving them free phones, free baby formula, etc., etc., etc., is a real slap in the face to all the immigrants who have taken the time to do what they needed to do to enter legally!! Hopefully they will express their disgust with their votes in November and 2024!!

  4. Congress has barred judicial review of the Attorney General’s decisions…” This could prove to be a very slippery slope. Let’s see how this precedent is misused in the not too distant future, ie. Jan 6 civil rights abuses carried out (to this day) by the DOJ.

  5. I see your Alfredo and raise you thousands of illegals that sell drugs, rape, murder, steal, vandalize and are parasites that live off the sweat of citizens and are given special treatment that citizens are denied…suck on that

  6. Instead of deporting these folks, let’s just deport ALL the Leftists and DemocRat(ick!) Party operatives so the rest of the US citizens can live happily ever after!
    They’ve been the most consistent anti-Constitutional Republic force since Andy Jackson founded that party and moved his slaves to the White House, then moved the East-Coast Native Tribes and their slaves to Oklahoma along the genocidal ‘Trail of Tears’.
    Abandoning allies in Afghanistan and destroying the US economy and petroleum industry are just 2 latest in a long constant stream of atrocity by that group, now they work for George Soros!

    1. Let’s deport the illegals AND the demented, evil Democrats!! Sounds like a great plan to me and would definitely save America!

  7. Illegal immigrants should be used as target practice by the American military.

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