The U.S. Supreme Court has ruled against the Mexican green card holder challenging a deportation order. Its ruling changed a previous decision from the California-based U.S. Court of Appeals for the 9th Circuit.
Refugio Palomar-Santiago, a Mexican, deported for a 1998 DUI, was inaccurately removed due to a subsequent Supreme Court decision revealing that DUOs aren’t sufficient to cause for removal.
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The case came to light in 2019, when Palomar-Santiago was caught in the U.S. illegally present. He issued a statement, and the 9th Circuit agreed that his original deportation wasn’t valid.
Liberal Justice Sonia Sotomayor said that notion in the court’s unanimous opinion. Sotomayor issued that Palomar-Santiago hadn’t tried to exhaust all other options to reverse the deportation prior to his reentering the country illegally!
“When Congress uses ‘mandatory language’ in an administrative exhaustion provision, a court may not excuse a failure to exhaust,'” Sotomayor wrote. “Yet that is what the Ninth Circuit’s rule does.”
During the case’s debates in April, many Judges clarified that they were going to side against Palomar-Santiago.
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Chief Justice John Roberts shared his skepticism of the idea that when immigration law changes, the judicial branch would have to unscramble the eggs on past cases.
“There are a lot of areas where the door closes, and you lose the right to go back and challenge prior determinations,”
On Monday, the Supreme Court shared an anonymous decision, giving new life to Guam’s lawsuit against the U.S. for the waste site leaking toxic substances into the Pacific.
In 2011, Guam shut down the Ordot Landfill because it was part of his $160 million U.S. Environmental Protection Agency’s settlement.
Over the years in court filings, Guam said that it doesn’t have to foot the bill alone as the Comprehensive Environmental Response, Compensation, and Liability Act provides settling parties to ask for a contribution from other responsible parties.
Monday’s ruling can follow U.S. payments under the waste law.
It doesn’t mean Guam can’t pursue other payments under CERCLA, only because U.S. and Guam had reached an agreement.
The Navy, for many years, has been dumping waste at Guam’s Ordot Dump, where the area also left municipal waste.
In 2017, the territory sued the U.S. asking for more money for the cost of cleanup at the non-closed site.