Joe Ravi via Wikimedia Commons

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 >>

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yopewor289
yopewor289
1 year ago

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Ray
Ray
1 year ago
Reply to  yopewor289

Take your ignorant lying crap somewhere eldse fool!

gaviwi3596
1 year ago
Reply to  Ray

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Ray
Ray
1 year ago

Roberts does it again! This prick is no conservative and should have never been appointed to the court!

Ardvark
Ardvark
1 year ago
Reply to  Ray

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!

WARD
1 year ago
Reply to  Ray

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 !

russell d remmert
russell d remmert
1 year ago
Reply to  WARD

it is bad

D Paul
D Paul
1 year ago
Reply to  Ray

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.

Gerry
Gerry
1 year ago
Reply to  D Paul

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.

wcapurro
wcapurro
1 year ago

Kavanaugh, Gorsuch and Roberts….. Republican appointed RINOs all. DJT needs to get a clue.