Immigration Cases So Far in the 2024 Term of the Supreme Court
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In the 2023 Term, the Supreme Court decided three immigration decisions. While President Trump’s immigration actions have been challenged on many fronts, it is not clear whether any of the challenges will make it to the Court by the end of the Term. Here are the two cases on the current docket, one has been decided and the other awaits decision:
Bouarfa v. Mayorkas
Holding: Revocation of an approved visa petition under 8 U.S.C. § 1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of Section 1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of” the agency.
Judgment: Affirmed, 9-0, in an opinion by Justice Jackson on December 10, 2024.
Velazquez v. Garland
Issue: Whether, when a noncitizen’s voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).
The case was argued in November.
We will see how things develop as the Court heads toward the end of the 2024 Term in June.
KJ
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