Gorsuch, Thomas, Barrett side with liberal justices in immigration ruling

Last week, three members of the ideologically conservative wing of the U.S. Supreme Court joined forces with their liberal colleagues to rule against the federal government’s arguments in a noteworthy immigration case, as the Washington Examiner reports.

The case at issue, Niz-Chavez v. Garland, involved a Guatemalan native who came to the United States illegally in 2005. The justices were called upon to assess technical questions concerning the required contents of deportation notices and whether the government must send a single notice in order to trigger the so-called “stop-time rule” contained in the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that curtails a nonresident’s ability to claim “continuous stay” in the country, which might otherwise permit them to remain.

Niz-Chavez was sent a deportation hearing notice in 2013, but the documentation included no information about when or where proceedings would occur. A subsequent notice did contain those details, but Niz-Chavez ultimately argued that the government was required to send a single, all-inclusive notice to a non-citizen regarding deportation proceedings in order to trigger the aforementioned rule.

In a 6-3 decision, the Court found in favor of the arguments put forward by Niz-Chavez, with Justice Neil Gorsuch – a member of the Court’s conservative wing – writing for the majority that the ruling turned primarily on the fact that when the relevant act was adopted, the language used stated that the government was required to send “a notice,” according to the Examiner.

The opinion continued, pointing out that “To trigger the stop-time rule, the government must serve ‘a’ notice containing all the information Congress has specified.” According to the majority, “To an ordinary reader – both in 1996 and today – ‘a’ notice would seem to suggest just that: ‘a’ single document containing the required information, not a mishmash of pieces with some assembly required.”

Gorsuch acknowledged the very narrow basis on which the case was being decided, adding, “Admittedly, a lot turns here on a small word. In the view of some, too much. But that’s not how the law is written, and the dissent never explains what authority might allow is to undertake the statutory rearranging it advocates.”

Joining Gorsuch in the majority were fellow conservative Justices Clarence Thomas and Amy Coney Barrett, as well as Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan from the left-leaning end of the bench. On the other side were Chief Justice John Roberts and Justices Samuel Alito and Brett Kavanaugh, who also penned the dissenting opinion in the case.

Kavanaugh’s dissent argued that the majority’s rationale was “rather perplexing as a matter of statutory interpretation and common sense,” given that Niz-Chavez had already admitted that he was vulnerable to removal due to his status as an illegal. The end result, according to Kavanaugh, was that Niz-Chavez would now have a second bite at the apple regarding remaining in America, all because of a small technicality.

In what represents the first time in the current term that Kavanaugh has diverged from the majority opinion, the justice lamented what he believes will be the “serious administrative burdens” the ruling will bring to an overtaxed immigration system and the potential harm it will cause to other noncitizens.

41 Responses

  1. You crooked scotus justices should be ashamed of your selves,for siding with crooked left, and ruining our country,can’t you people see what they are
    Doing to the people and our country,you are there to do the peoples business not your own

      1. efffemmm. They say there conseervatives & turn out more leftists than marx! TERM limit them- NOW! I have zero respect for them, except Clarence Thomas, and i dont know why he sided with them on this one. the est can go fly a kite, no credibility.

      2. Yes exactly Supreme Court Justices and Congress Both need TERM Limits, Sadly and oversight our Forefathers failed in and should have been done 100 years ago or even 50 would have helped. Getting them now is about impossible.

      3. Yes. After a certain number of years, they should be required to retire. If they refuse they should lose their pension.

    1. Disagree!

      Who is to blame is congress and the terrible way the law was written and ICE for not being sure the FIRST notice contained ALL the required information!

      I do agree this is terrible but ALL laws should be enforced as written. Lack of this process has given us a legal system which leaves a lot to be desired! But of course who has the major input into writing the laws? Lawyers!!!!! And a lawyer NEVER uses minimal straight forward language!!!!!

      1. They followed the law. Look who was in control at the time and how they manipulated and left out information. Don’t blame Supreme Court, it was those who may have done it on purpose and they should be seen as unjust leaders.

    2. ILLEGALS ARE ILLEGAL ! PERIOD ! NOT ONE THING IN OUR CONSTITUTION RELATES TO THEM… PERIOD ! SHIP UM OUT !

      1. Absolutely not the taxpayers responsibility to keep paying for illegal rights not a citizen our laws are for Americans

    3. I can’t stand those supreme court judges are hey broke already heir oath Amy also took a $2. Millions dollars book sale they all need to get the hell out not doing their Job…

  2. The not so Supreme Court missed the most important issue: A criminal is a criminal. Period. Another sad day in America.

    1. Are they all blind to the truth? Ignorant? Don’t understand legal vs. illegal? Breaking the laws of the nation makes them criminals. Do we really need more criminals (or lawyers/judges) ? They are criminals themselves…

  3. Barrette, Gorsich and Cavannaugh are SCARED TO DEATH of Justice Robert’s and the Liberal judges.
    HOW SAD… PRESIDENT TRUMP
    chose them because they ALL “FAKED CONSERVATIVE VALUES”
    The 3 of them are “NO BETTER ”
    than their COHORT LIBERAL JUSTICES AND DEMOCRATS.
    What a “SLAP IN THE FACE TO THE U.S A. and the AMERICAN PEOPLE “

  4. I don’t understand why “a” notice had to be given to an illegal that arrived in 2005. It’s my understanding that a court date would have been given to each person at that time, when they entered our country. If this was done, the person didn’t need a notification. Something fishy there, as usual!

  5. there is a remady!! its called impeachment and can be applied to any supreme court justice, Barrett should be the first to go she hasent put forth a right ruling yet

  6. Now we see just how deep the evil is entrenched. This is a time in history when the human race will be changed forever, and the proof of it will likely be erased from all knowledge. It is obvious that nothing is right anymore. If it’s not supporting what is wrong, “they” will undo it until wrong is supported. Shore up your dwellings and prepare for more insanity to surface as it’s coming almost hourly anymore. May we all keep our souls.

  7. Maybe another 20 judges on the bench. The ones there have no soines left and help the democraps all they can..sometimes a republican is suppost to stand up to democraps not be a democrap in hiding

  8. Niz-Chavez is an illegal immigrant. Here illegally means here criminally. And, these Justices have sided with a criminal, one who knows they are committing a crime by being here illegally. Illegal immigrants don’t get to have our rights and benefits. They forfeited by coming illegally.

  9. I HAVE ONLY ONE COMMENT……..85 MILLION PEOPLE VOTED FOR PRESIDENT DONALD TRUMP WHO WON THIS ELECTION THE DAY OF THE ELECTION….WITH ALL THE CRAP ABOUT WRITE IN BALLOTING THEY STOLE THE ELECTION MANY MANY DAYS AFTER THE ELECTION…….THEY ARE NOW PROVING ALL THE BALLOTS WERE NONE REGISTERED VOTERS AND ON AND ON…….HERE IS THE DEAL……BIDEN AND HIS MOTELY CREW NEED TO BE IMPEACHED AND HERE IS THE DEAL “IF OR SINCE THE ELECTION WAS REALLY FIXED THESE GUYS ARE NOT LEGALLY ELECTED” SO FEW CANNOT KEEP TAKING DOWN AMERICA…….THE AMERICAN PEOPLE THAT VOTED LEGALLY IN THE ELECTION NEED TO HAVE A MAJOR UPRISING AND GET RID OF THIS FRADULENT BUNCH AND GIVE THE AMERICAN PEOPLE THE MAN DONALD TRUMP HIS RIGHTFUL PLACE………WHO ARE THESE BUNCH THAT WERE ELECTED ILLEGALLY …………..COME ON PEOPLE WAKE UP BEFORE IT IS TO LATE FOR OUR GOD FEARING COUNTRY…..GOD BLESS AMERICA!!!!!!!!!!

    1. Diane Grunseich , you’re right but there is a problem or two. Either the people are too stupid to see what is going on OR they don’t have enough spine to do anything about it. Either way, this country as we have known it is doomed!!

    2. DIANE where as you seemed to have received information no one else has would you be so kind as to let us know when and where the court system found the information to prove
      the guilt of the democrats. My guess is you have zero proof and just throwing out BS.

  10. Trump fought so hat to get conservative judges on the Supreme Court. How very disappointing they all turned out to be. They are sickening. God Help our country.

  11. SCOTUS IS ABSOLUTELY STUPID!!!! Such ignorance… I can not believe they are supposed to be the best legal minds in the country… no wonder our legal system is do f up!

  12. Scotus, he is still an illegal alien and has no consitutional rights. How dare you turn the Constitution upside down for the politics. He needs to go and take his friends and family with him.

  13. Illegal alien is ,an illegal alien he broke the law. In the USA if you brake the law you go to jail or get deported period. Why is it so hard to see that. We must take care of the problem at once. Get some b lls and take care of it.

Leave a Reply

Your email address will not be published.