Immigration cases tossed in fallout from high court ruling

Lawyer Interviews

Immigration courts from Boston to Los Angeles have been experiencing fallout from a recent U.S. Supreme Court decision that has caused some deportation orders to be tossed and cases thrown out, bringing more chaos to a system that was already besieged by ballooning dockets and lengthy backlogs.

The little-known ruling addressed what might seem like a narrow procedural issue over how to properly provide notices to immigrants to appear in court for deportation proceedings. But it is having broader implications in immigration courts that are in charge of deciding whether hundreds of thousands of people should be allowed to stay in the United States.

Since the decision was issued in June, immigration attorneys have been asking judges to throw out their clients' cases. Some immigration judges have refused to issue deportation orders for immigrants. And in a recent case in Washington state, a Mexican farmworker had an indictment for illegally re-entering the country tossed out.
 
It isn't clear how many people's immigration cases could be affected. Some immigration judges have denied attorneys' requests, but others in states including Tennessee, New Jersey and California have granted them.

"The potential consequences of the decision are massive," said Jeremy McKinney, an immigration attorney in Greensboro, North Carolina.

The Supreme Court's 8-1 decision focused on the case of a Brazilian handyman seeking to apply for a special green card given to immigrants who have been in the country at least 10 years, have good moral character and whose American relatives would suffer if they were deported.

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