SCOTUS Rules Against the Law for the Convenience of a Deportable Alien

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On Tuesday, the Supreme Court ruled 5–4 in Monsalvo Velázquez v. Bondi that illegal aliens granted voluntary departure under federal immigration law can remain in the United States past their court-ordered departure deadline if that deadline falls on a weekend or a legal holiday.

Justice Neil Gorsuch authored the majority opinion, joined by Justices Roberts, Sotomayor, Kagan, and Jackson, effectively rewriting the meaning of a “60-day” voluntary departure period to accommodate the convenience of illegal aliens. They defied the rule of law.

At the center of the case was Hugo Monsalvo Velázquez, a Mexican national who entered the U.S. illegally nearly two decades ago and was ordered to leave within 60 days.

His departure deadline fell on a Saturday, but instead of leaving, he filed a motion to reopen his case on the following Monday.

Sixty days used to mean 60 days.

The Dissent

Justice Clarence Thomas—joined by Justices Alito, Kavanaugh, and Barrett—blasted the majority for stretching the law beyond its clear terms, arguing that ’60 days means 60 days,’ not whenever the alien gets around to it.

“The merits question in this case—whether petitioner left the United States within ’60 days’ after October 12, 2021— is straightforward,” Alito wrote in his opinion.

The 60th ‘day’ after October 12, 2021, was Saturday, December 11, 2021. And the petitioner failed to depart the country by that Saturday. … There is no justification for [a 2-day extension],”

He continued, “The 60th day after October 12, 2021, was Saturday, December 11, 2021. And petitioner failed to depart the country by that Saturday. Saturday is a day of the week, and there is no reason why petitioner could not have left the country on or before that date. Petitioner gives us no reason to believe—and I am aware of none—that the roads to Mexico, his home country, were closed; so he could have driven or taken a bus across the border. He also could have flown to Mexico or any other country that would admit him.”

“Nevertheless, the Court holds that he was entitled to a 2-day extension because the last day of his voluntary departure deadline happened to fall on a weekend. There is no justification for that decision,” he said.

At this rate, we will never get rid of any of these illegal aliens, even the criminals.


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Anonymous
Anonymous
29 days ago

“The Law IS an ass…”

ThinkAboutIt
ThinkAboutIt
29 days ago

I’m just glad they are leaving. Good riddance.

Greg
Greg
1 month ago

The case with “Judge” Hellerstein is just as idiotic. It appears the attempt may be to invalidate Trump’s proclamation because the US is not at war. The Judge complained about the “loss of freedom” to these TdA. The ACLU made a comparison in WWII and Germans. The only problem with that is FDR use the Act against “Citizens” of the US, not foreign illegals.

I’m convinced these cases, along with the Judges, and some SCOTUS justices, are determined to literally destroy the country as it was founded in order to shepherd in the most far left system imaginable. Allowing so many of these thugs in the country could eventually lead the public to demand extreme measures that will suppress the freedoms once enjoyed.

MicahStone
MicahStone
1 month ago

FACT: To IMPORT 50 MILLION ILLEGALS CRIMINALS into America all it takes is a PSEUDO-president who decides to IGNORE THE LAW and open the border.
FACT: To DEPORT even one ILLEGAL CRIMINAL a LAW-ABIDING, PRO-AMERICA REAL PRESIDENT WITH A SOLID MANDATE FROM THE PEOPLE must allow “DUE PROCESS” for EACH AND EVERY ILLEGAL CRIMINAL with a hearing, a trial and endless LIBERAL-funded appeals.
—AMERICA (INCLUDING THE ENTIRE JUDICIARY) HAS ENTERED THE FULL INSANITY LEVEL of LEFT-TARDS.

Greg
Greg
1 month ago

As I’ve already noted:

It’s certainly been confusing keeping track of all the cases and courts. The decision to even take a case when it hasn’t even matured and now the infamous Gorsuch determining number of days is relative, leads me to believe SCOTUS is beginning to mirror the Brazilian Supreme Court. Is Gorsuch going to next rule that election day is also relative where ballots can be counted days or weeks after.

Who can trust Gorsuch when interpreting “sex” in law he changes it to sexual proclivities. I cringe every time I hear Trump praise the bastard.