Conservative justice sides with liberal
judges in 5-4 SCOTUS ruling on illegal
immigrant deportation
BizPac Review,
by
Kevin Haggerty
Original Article
Posted By: Imright,
5/18/2022 11:55:35 AM
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.
Reply 1 - Posted by:
winmag 5/18/2022 12:15:57 PM (No. 1159005)
I doubt he mistakenly claimed citizenship. This guy is a lawbreaker who deserves to be kicked out of the country. Wish we could get the rest of the lawbreakers out of here.
20 people like this.
Reply 2 - Posted by:
skacmar 5/18/2022 12:16:04 PM (No. 1159006)
Cases like this are a quandry for me because while the person entered the country illegally, he did try to correct it and become legal. While I find it hard to believe that he accidentally claimed to be a citizen on his driver's license application, I'll give him the benefit of the doubt here. If he has been here for 30 years, had no legal problems and been working, I (as much as I hate to say it) side with the liberals & Gorsuch feelings wise. I also agree with Barrett that the LAW says what the LAW says and it is not the courts place to change it even though it seems unfair. Sometimes there are cases where the results are not a win for either side of the law and the law should be looked at.
6 people like this.
Reply 3 - Posted by:
lakerman1 5/18/2022 12:33:32 PM (No. 1159037)
Gorsuch is usually correct in his decisions. As a self proclaimed textualist, he violated his own belief, when considering this case.
6 people like this.
Reply 4 - Posted by:
Hermit_Crab 5/18/2022 1:02:41 PM (No. 1159071)
Conservative Justice?
I think not. That would be Alito or Thomas.
Goresuch is one of the three "Justices' who are Deep State Establishment Eliteists
11 people like this.
Reply 5 - Posted by:
AntiStatist 5/18/2022 1:18:44 PM (No. 1159088)
#2, what if someone broke into your home, then stated that after that illegal act, the burglar didn’t plan on doing anything illegal inside afterward?
Would that create a quandry?
9 people like this.
Reply 6 - Posted by:
Jethro bo 5/18/2022 1:27:22 PM (No. 1159092)
I think this had a secondary motive for the decision. The decisions warns Garland and the Dept of Just-Us that they must follow the law. Guess what is making its way through the courts now. Challenges to Diaper Joe and his Dept of Just-Us not following the law!
3 people like this.
Reply 7 - Posted by:
SkeezerMcGee 5/18/2022 1:57:47 PM (No. 1159124)
This case is a rather run of the mill case of "statutory interpretation." Patal was not a U.S. Citizen. The Immigration Judge weighed Patel’s testimony, reviewed documents, and considered Patel’s history to conclude that Patel was an evasive and untrustworthy witness. On his application for his (state of Georgia) driver's license, Patal falsely asserted he was a U.S. Citizen (and there was other evasive testimony).
The SC ruled that in the applicable federal statute, Congress barred courts from second guessing such decisions, whether or not discretionary, unless the core issue is a "question of law" or raised real constitutional issue(s). (Both of these exceptions to Congress' bar to judicial review seemed to be ignored by the dissent).
Why has Congress limited the applicable scope of judicial review? It's because federal courts would otherwise be overwhelmed by many frivolous appeals arising from many thousands of judgements arising from immigration hearings (which are administrative).
A close reading of the SC's decision indicates that the Court went out of its way to be (more than called for) polite with Patel AND the government. But for the Court granting certiorari to resolve a "Circuit conflict" as to the scope of a provision in the statute, §1252(a)(2)(B)(i), the Court would not have taken (been bothered with) this case.
3 people like this.
Reply 8 - Posted by:
Omen55 5/18/2022 2:22:42 PM (No. 1159151)
He loss.
We won.
2 people like this.
Reply 9 - Posted by:
Ditto1958 5/18/2022 2:44:17 PM (No. 1159179)
I don’t know enough about the facts and legal issues here, but Neil Gorsuch has turned out to side with the liberals way too often. Did the Trump administration even vet him when they decided to choose him?
4 people like this.
Reply 10 - Posted by:
Rich323 5/18/2022 3:19:55 PM (No. 1159206)
Uniparty pick! Who pushed him Pence? McConnell? President Trump said many times he wanted to pick his own judges, but was told he MUST pick from a prepared list. The establishment made sure he picked one of their own on EVERY pick.
4 people like this.
Reply 11 - Posted by:
MDConservative 5/18/2022 3:26:13 PM (No. 1159208)
It amazes me that we now have "teams" on SCOTUS that must share groupthink on issues. Let's keep perspective. A dictatorship by an inseparable ideological majority is the last thing anyone should want.
7 people like this.
Reply 12 - Posted by:
49 Ford 5/18/2022 3:57:58 PM (No. 1159231)
# 11 is right. Gorsuch seems to have made a reasonable argument while siding with the minority. A thoughtful and competent justice is not one who is robotically captive to ideology.
2 people like this.
Reply 13 - Posted by:
red1066 5/18/2022 5:07:17 PM (No. 1159267)
I thought there was a 6-3 split in favor of conservative judges on the Supreme Court? Which so called conservative judge isn't pulling their weight?
1 person likes this.
Reply 14 - Posted by:
49 Ford 5/18/2022 5:17:17 PM (No. 1159274)
I didn't know that SCOTUS justices came with assigned weight loads.
1 person likes this.
Reply 15 - Posted by:
smokincol 5/18/2022 7:17:48 PM (No. 1159373)
jelly spine Gorsuch, such a creep!!
0 people like this.
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