Click here to see how our firm is preparing for COVID-19

The Supreme Court Gives Immigrants a Second Chance

Spread the love

The Trump Administration has done everything they can to deport immigrants without giving them a fighting chance.

But the Supreme Court finally said enough.

The Trump Administration has recently argued that immigrants in the deportation system, who have committed a crime, and who are at risk of being tortured if they were sent back to their home country should not have their case reviewed again if their request for relief under the international Convention Against Torture was denied.

In short, the Trump Administration didn't want to give immigrants a second chance of staying in the U.S. if they didn't qualify for protection against deportation under the Convention Against Torture.

The Supreme Court ruled differently.

Yesterday, the decision came 7-2.

Which means immigrants facing deportation because of a criminal conviction who have been denied under the Convention of Torture will now get a second chance to argue their case in court.

This ruling is in response to Nidal Khalid Nasrallah's case.

Nidal came to the U.S. in 2006 as a permanent resident from Lebanon.

Nidal was convicted of buying stolen cigarettes from undercover federal agents.

He was facing deportation because of this.

But an immigration judge ruled that Nidal shouldn't be deported because he was a member of the Druze religious minority, a religious group that has been persecuted by the militant political group Hezbollah in Lebanon.

It was likely that if he was deported, he would have been killed.

The Board of Immigration Appeals reversed the judges ruling, saying that Nidal didn't fully prove he was at risk of being tortured if he returned to Lebanon.

And just like that, Nidal was at risk of being deported again.

But he appealed, and the case continued up to Supreme Court where they made their decision yesterday.

Now, administrative agencies won't have the final word on whether someone is likely to be tortured if they were deported.

They will go under judicial review, and the judge will decide.

And immigrants facing torture in their home country after deportation will have a second chance to stay in the U.S.

You May Also Like

Why Do Mandamus Lawsuits Over Immigration Delays Work? Spread the love When you file an immigration petition, you expect a decision within a certain time. But sometimes, the government takes much longer than expected to make a... VIEW POST
What Can the USCIS Ombudsman Do To Speed Up Your Immigration Case? Spread the loveWaiting for your immigration case resolution can feel like a never-ending nightmare. You're not sure what's taking so long, and every day feels like an eternity. You... VIEW POST
USCIS Processing Times: A Definitive Guide Spread the loveWaiting for your green card, visa, citizenship, and other immigration processes can be stressful. With all the backlogs, government interruptions, and changing policies, you should prepare for... VIEW POST

Download Free Guide 
2022 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.

Answers Show
Live every week.