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The Supreme Court has set up a more stringent timeline for removable immigrants to challenge their decision as part of the decision on Thursday in a case involving Jamaican immigrants who tried to prevent them from being sent back to his home country.
The Supreme Court has found that once an immigrant receives a final removal order, a 30-day window seeking review of the order will be triggered.
The ruling was about 5-4, with three Liberal justice opposed, and Justice Neil Gorsuch joined most of the opponents.
Pierre Riley, a Jamaican national at the heart of the lawsuit, has challenged the final removal order in the immigration court system, following the law. However, when he tried to seek review from the Immigration Court’s Court of Appeals’ results, the appeals court said that Riley had been more than a year since he received his initial removal order, so his hands were tied down.
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Riley came to the US on a six-month visa 30 years ago. He never left, was arrested, convicted of a drug felony, and served in prison until 2021.
Immigration and customs enforcement moved to deport him to Jamaica that January and began legal proceedings for the weeds that Riley had challenged him to remove.
The subsequent cycle of events shows how the immigrants facing immigrants can descend the path of the windy due process of immigration and federal courts.
In this case, Riley challenged the removal in immigration court for 10 days under the law, and he did. He was removable, but claimed that returning to Jamaica would risk his life as the drug Kingpin out there would kill his cousin and probably chase him.
Riley summoned what is known as the “Treaty Against Torture” rule. This can be used to deport immigrants to their home countries.
An immigration judge, an administrative judge working within the Department of Justice, granted Riley “withholding tax for removal” to Jamaica.
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Justice of Samuel Alito and Sonia Sotomayor. (Getty)
The government appealed the immigration ruling to the Immigration Litigation Committee, which overturned the recognition of the immigration judge. This meant that Riley could be deported back to Jamaica again.
The next path of appeal for immigration is to ask the Federal Circuit to review the deportation order, which Riley did.
However, considering Riley’s case, the Court of Appeal found Riley too late. The Court of Appeals said there was no jurisdiction to help him as the original removal order received in January 2021 began a 30-day deadline for review of his deportation.
Writing for the majority, Judge Samuel Alito acknowledged the “justice of practical concerns” in Riley’s case, but said the law assumes immigration cases will be dealt with promptly.
“The government reminds us that such cases often last for months, and even years, and that certainly isn’t what Congress expected when enacting a streamlined procedure,” Alito wrote in a footnote.
Prosecutor Dylan Esper said Thursday’s order could shed light on the recent controversial emergency order issued this week.
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Thursday’s order showed that the law did not provide any clear means to bring up a treaty against torture claims in third countries after receiving a final removal order.
Judge Sonia Sotomayor said in her dissent that the majority opinion in Riley’s case had no logistical significance.
“After determining that Riley should file his appeal 16 months before the order he is about to challenge, the court certainly moves from the border to a well of logical mind and absurdity,” wrote Sotomayor.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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