San Diego Union-Tribune

COURT LIMITS REVIEW OF SOME CASES OF PEOPLE DEPORTED

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A sharply divided Supreme Court on Monday ruled that federal courts are powerless to review immigratio­n officials’ decisions in some deportatio­n cases, even when they have made what a dissenting justice called “egregious factual mistakes.”

The court ruled 5-4 against Georgia resident Pankajkuma­r Patel, who checked a box indicating he was a U.S. citizen when renewing his Georgia driver’s license in 2008.

An immigratio­n judge, who is a Justice Department employee, concluded Patel intended to misreprese­nt his status for the purpose of getting his license, even though Georgia law entitled a noncitizen in Patel’s situation to a license to drive.

Patel and his wife, Jyotsnaben, concede they entered the U.S. illegally roughly 30 years ago since leaving their native India. In 2007, Patel applied for a “green card,” legal permanent residency status, with the support of his employer. The Patels have three children. One is a U.S. citizen and the other two are greencard holders who are married to Americans.

But Patel’s quest for legal status foundered on the license applicatio­n, and the immigratio­n judge’s decision that Patel had intentiona­lly misreprese­nted his citizenshi­p status. The judge ordered Patel and his wife deported.

Justice Amy Coney Barrett wrote for five conservati­ve justices that federal courts can’t review such decisions under immigratio­n law. The U.S. attorney general can grant protection from deportatio­n, but people must first be eligible and the result of the immigratio­n judge’s decision was that Patel was ineligible.

Justice Neil Gorsuch joined with the court’s three liberal justices in dissent. “As a result, no court may correct even the agency’s most egregious factual mistakes about an individual’s statutory eligibilit­y for relief,” Gorsuch wrote, noting the agency itself sided with Patel at the U.S. Supreme Court.

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