The Supreme Court ruled that immigrants at risk of being tortured in their home countries can challenge their deportation in federal appeals court.
Monday’s 7-2 ruling rejected the Trump administration’s argument that illegal immigrants have no right to judicial review if the international Convention Against Torture (CAT) denies their relief request.
Justice Brett Kavanaugh wrote the opinion for the majority.
The Hill’s Harper Neidig reports:
“It would be easy enough for Congress to preclude judicial review of factual challenges to CAT orders, just as Congress has precluded judicial review of factual challenges to certain final orders of removal,” Kavanaugh wrote. “But Congress has not done so, and it is not the proper role of the courts to rewrite the laws passed by Congress and signed by the President.”
The challenge was brought by Nidal Khalid Nasrallah, a legal permanent resident who came to the U.S. in 2006. The government moved to deport Nasrallah after he was convicted of buying stolen cigarettes from undercover federal agents and sentenced to a year in prison.
SEE ALSO: Schumer Apologizes After Controversial Supreme Court Remarks
An immigration judge ruled that Nasrallah qualified for a deportation deferral because he’s a member of the Druze religious minority, which has been subject to persecution in Lebanon from the militant political group Hezbollah.
The Board of Immigration Appeals reversed the order, saying that Nasrallah had not sufficiently proved that he was at risk of being tortured if he were to be returned to Lebanon. Nasrallah appealed the decision to the 11th Circuit Court of Appeals, which ruled that it did not have jurisdiction over the case.
The two dissenting justices were Clarence Thomas and Samuel Alito.
READ NEXT: Supreme Court Rules on Illegal Immigrants Who Commit Identity Theft >>
Advertisement
HELP Expose the TRUTH About Creepy Joe Biden
I am now making extra 19k $ or more every month from home by doing very simple and easy job online from home. I have received exactly $17k last month from this home job. Very easy to do and earning from this are just awesome. Join now this job and start making extra cash online by follow instruction on the given website…Articles about
Take your ignorant lying crap somewhere eldse fool!
I am now making extra 19k $ or more every month from home by doing very simple and easy job online from home. I have received exactly $17k last month from this home job. Very easy to do and earning from this are just awesome. Join now this job and start making extra cash online by follow instruction on the given website………….Read More Details
Roberts does it again! This prick is no conservative and should have never been appointed to the court!
Kavanaugh is another Kennedy and since he clerked for Kennedy and thought he was. the greatest judge since sliced bread, you will see him vote with liberals a lot! Roberts will always be a loser liberal!
The obamamite stench is in all areas of U.S. Government with their treasonous whims to be totalitarian dictators using ilbtard dems as fodder for their abuse of power crimes to dictate !
it is bad
You have to understand forces at work on Justice Roberts. He has extremely liberal in laws including a radical l—–n who greatly influences his decisions through his wife.
He is a fkning supreme court judge and if his decisions are influenced by members of his family — THE SOB SHOULD NOT BE SITTING ON THE SUPREME COURT – he should be overseeing a Daddy Day Care Center for infants.
Kavanaugh, Gorsuch and Roberts….. Republican appointed RINOs all. DJT needs to get a clue.
Where was Roberts concern when he decided a fine was a tax in the Obamacare decision? The judicial inconsistency is baffling.
We have been lied to. Here we though that we had FIVE conservative SCOTUS judges. And in truth, we only have TWO. Alito and Thomas.
Folks, it is time to pray. Pray that God will open the heavens and reveal His power and might to these corrupt judges who have sold their souls to the elite ONE WORLD ORDER.
“The fervent prayer of a righteous man availeth much. ‘. And no, catholic John Roberts is NOT a servant of God.
Not baffling. John Roberts was taken over when NSA got dirt on him prior to the Obamacare vote. Right now he has sold his soul. And he believes as a catholic that he will be forgiven when he dies by those in his family who will pray him out of pergatory. Too bad he has been deceived. “Do not be deceived. God is not mocked. Whatsoever a man soweth, that shall he also reap…….”
Let’s remember that what they are saying is that they don’t make law, Congress does. Their role is to interpret existing law not engage in judicial activism. If the law is bad it is up to Congress to change it.This is what we need in our court system.
which is a good point
SCOTUS has no Constitutional Authority or Power to assign “Earths DUMPING GROUND” for all the UNWANTED persons on the Planet.
What a stupid and misleading headline!!! This had nothing to do with Trump. I agree with the majority that the man should not have been sent back to his country, and most likely so does Trump. Fools!!!
AGREED
So we just allow more foreign criminals into this country — great idea !!! NOT. We have enough of our own criminals here already which should be evident everyday congress is in session.
As a alleged amnesty pleader he should have registered as such the min he set foot in the USA but he did not, he is just another illegal with a bought and paid for lawyer who thinks he found a religious loop hole, Forget buying cigeretts, how has he been living, working for cash, not paying min taxes, that’s a crime, no one not even legal immigrants can get a green card or become a resident if you commit a crime, you get deported, get rid of this lying dirt bag and jail his lawyer for lying.
It’s time to add some real conservatives to the court!
I support, and will vote for, Mr. Trump. This was, however, a good decision.
The entire U.S. CONSTITUTION was written for AMERICANS ONLY… it’s NOT the world constitution, it’s the U.S. CONSTITUTION! Non-citizens DO NOT possess rights under this document BUT they are still subject to America’s LAWS when on American soil, end of story
All Illegal immigrants need to be arrested and deported. If they try to come in again, tag. I’m tired if the demoncRat nonsense. Legal immigrants are Welcome. Most illegal immigrants are funded by Soros to invade our country for their vote.
And, I also feel we need to get rid of the Anchor Baby Law. Apply, come legally, and you are welcome.
Many Supreme Court Judges are unqualified to be there. They do not represent true Conservative values, or Christian values. They protect our enemies, and deadbeats, who live off of us. They often prove to be our worse enemies We need to choose wisely when we put them in the court justice system or instead of getting justice we will end up getting injustice!
They’re going to have to find another country but they’re to be gotten out of here. – the UN must set up a colony for that type just so countries can legally do what’s best for their countries, not supreme court justices’ emotions.
if a legal immigrant commits a crime/s then their legal immigration status changes to illegal immigrant. however, this particular case has one obvious extenuating circumstance.
i believe the immigrant needed to be warned that any further criminal involvement shall result in deportation and not deported for this time.
Illegal immigrants are illegal need to be removed banned from ever coming here, that includes these illegal woman having kids here they are just as illegal as the mother, no other garbage they try to pull to stay here if an American married an illegal then you leave with them and the kids, these courts need cleaned out of those who do not uphold our Constitution as Written