High Court Allows Circuit Court Review In Deportation Cases

Law360 (June 1, 2020, 10:18 AM EDT) -- Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.

In a 7-2 decision, the justices found that the so-called criminal alien bar, which limits circuit court review of deportation orders against foreign citizens with criminal convictions, does not prevent courts from reviewing denied requests for torture protection, explaining that those decisions are "distinct" from deportation orders.

The majority held that Congress would have had "good reason" to distinguish between final orders of removal and denied requests...

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