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Immigration
See other Immigration Articles

Title: Top court eases rules for foreigners to try to stay in US
Source: AP
URL Source: http://apnews.myway.com/article/20080616/D91B7E5O0.html
Published: Jun 16, 2008
Author: AP
Post Date: 2008-06-16 14:25:35 by scrapper2
Keywords: illegal aliens, immigration law contradictions
Views: 161
Comments: 1

WASHINGTON (AP) - The Supreme Court has made it easier for some foreigners who overstay their visas to seek to remain in the United States legally.

The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to adjust his status while in the United States.

The case involved two seemingly contradictory provisions of immigration law. One allows people to avoid being deported by agreeing to leave the country voluntarily. The advantage to that course is that the wait to get back to the United States is shorter.

The other provision allows immigrants who are here illegally but whose circumstances have changed to make their case to immigration officials. To do that, however, they must remain in the country.

Poster Comment:

Links to the Court's opinion and dissents can be found in the last paragraph here:

http://jurist.law.pitt.edu/paperchase/2008/06/supreme-court-rules-in-bankruptcy-tax.php

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#1. To: scrapper2 (#0)

WASHINGTON - The Supreme Court made it easier Monday for some foreigners who overstay their visas to seek to remain in the United States legally.

The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain in the United States.

The decision essentially embraced a proposed Justice Department regulation governing the treatment of similar cases in the future.

Samson Dada, a Nigerian citizen, stayed beyond the expiration of his tourist visa in 1998. He married an American the following year and soon began trying to obtain a visa as an immediate relative of a citizen. But Dada and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.

Dada has been trying again to obtain the visa, but immigration authorities meanwhile have ordered him to leave the country.

He agreed to leave voluntarily, which would allow him to try sooner to re-enter the country legally than if he had been deported.

The court's task was to decide whether he could withdraw his voluntary agreement to leave the country and continue to try to adjust his status while in the United States.

Immigration authorities recently ruled that Dada had entered a "sham" marriage in order to stay in the United States, but that finding was not part of the court's consideration.

Justice Kennedy wrote the majority opinion, joined by his four liberal colleagues. The four conservative justice dissented.

Justice Antonin Scalia said, "The court lacks the authority to impose its chosen remedy."

The case is Dada v. Mukasey, 06-1181.

Kangaroo court that should be ignored. ;-)

Rotara  posted on  2008-06-16   16:09:20 ET  Reply   Trace   Private Reply  

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