The Supreme Court of Justice has ruled (5-3) that the federal governor can deport undocumented immigrants who have committed minor crimes, a case in which there is a risk of expulsion to foreigners who are forced to stay in the United States for a long time. país.
In October, the maximum court of justice held a hearing in which the magistrates, through the oral arguments, showed the mayor’s preoccupation with the fact that the case would result in adversarial results for the deportation and their families.
The immigration law establishes that, in the last instance, the undocumented immigrants in the deportation process who demonstrate that they are eligible for a discretionary level of eviction, and argue that the peace of the country causes an extreme uprising to the family even more proceed to an administrative cancellation of the case and arrange the permanent legal residence (groen kaart).
The magistrates Neil Gorsuch, John Roberts, Clarence Thomas, Samuel Alito and Brett Kavanaugh will vote in favor, while the magistrates Sonia Sotomayor, Elena Keagan and Stephen Breyer will vote against. Juice Amy Barret apologized for emitting a case.
The change
The magistrates said that the Law of Immigration and Nationality (INA) “directly calls for the burden of proof in foreign countries to demonstrate the possibility of deportation”, which means that now the governor will have no say Demonstrate the inability of the immigrant to live in the country, without being undocumented.
“In this decision, the Supreme Court imposes responsibility on the immigrant to demonstrate that he or she qualifies for his or her deportation. Independently, the record of conviction demonstrates that he committed a crime of moral torpedo,” said José Guerrero, a Miami lawyer (Florida).
“The serious problem is that many people have a criminal record, or if they are incorrect or inconclusive, they can not determine whether they were guilty. In such cases, the governor will not be able to prove that the immigrant was ineligible or deported and that the case will end, ”he said.
Guerrero Dijo adds that, “now with this case it is the immigrant who initiates the deportation process who has demonstrated that he qualifies for the migratory benefit, Independently of the criminal record. This, definitely, will result in more deported persons ”.
The Pereida case
The decision of the Supreme Court responds to the case of Mexican immigrant Clemente Avelino Pereida, who lives more than 25 years in the United States.
Lost in Nebraska should have an intention to use a false social security card to obtain employment.
The Department of National Security (DHS) initiates a deportation process whereby the immigrant seeks the cancellation of the deportation solicitation for the period that is applicable in the United States.
The case in question in the tapestry is a condition for the purpose of using a false social security card, considered a minor flaw, classified as a crime involving a moral character and with it decalcified in order to obtain a deportation deportation .
During the legal process, the Court of Appeals of the 8th Circuit shall establish that it is Pereida’s responsibility to establish its eligibility for the cancellation of the deportation. Per the panel of juices determined that it was not possible to determine which legal form formed the basis of the Pereida condominium.
The cancellation of deportation
The ‘cancellation of remuneration’, also known as ‘cancellation of deportation’, is when a juvenile detects the deportation of an immigrant and concedes the permanent legal residence to consider that his eviction means an exceptional, extreme and extraordinary supremacy. Citizen or Legal Resident in United States.
In addition to demonstrating that he, the married citizen or legal resident of the United States suffers from an exceptional, extreme and unusual manner, the undocumented immigrant who is in the process of deportation should try to kill him at least 10 years in the meantime. is an exemplary person, ”advised Lilia Velásquez, adjunct professor of the Faculty of Law at the University of California, San Diego.
Velásquez advised that, in an elevated percentage, “immigrants have difficulties” in order to demonstrate to them that the family immediately informs the state resident or the permanent legal resident “will suffer in an exceptional, extreme and unusual manner”.
Explain, during the hearings, the deportation process must show evidence such as medical certificates, prescriptions of medicines (if the patient is medicated), psychological tests, treatments to those who have been with others and their families , medical diagnoses. ‘It’s not easy. And all the juices are rigged by a protocol. Each immigration law uses its discretion to decide on the merits of each case, ”he said.
The case of these juices issued by the Supreme Court is a mayoral degree of failure on the part of the immigrants who committed minor crimes, indicating the lawyers consulted by Univision Notices.
