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Supreme Court rules deported illegal returns cannot be released while their cases are being reviewed | Univision Immigration News

At the end of a split (6-3), the Supreme Court Justice ruled this Tuesday that the immigrants Deported Coming back Undocumented The country cannot ask for a bond when their cases are considered, and they can be deported quickly.

This verdict closes the door on hundreds of people, perhaps thousands of foreigners Refuge Rejected or dismissed, the petitioners received an order for deportation and were deported, then returned in the hope of reopening their files.

“Those who enter the United States illegally after deportation are not entitled to a bail hearing and may be deported soon under an existing deportation order,” explained Immigration Attorney Jose Guerrero. In Miami (Florida).

“They will be in custody and will not have the right to a bond hearing when their cases are considered in the immigration courts,” he added.

“This ruling affects all those who were deported quickly across the border during the Donald Trump administration. Many of them violated their rights and closed their doors, ”said Alex Gulves, a Los Angeles (California) immigration lawyer.

“It changed the doors of immigrants who were deported 10 years ago and the reasons for their asylum, which was denied and intensified. They will not have the opportunity to ask for bail and stop deportation to present new evidence,” he said.

The Supreme Court argued in part 1261 of the INA, “If the Attorney General decides that an alien has entered the United States illegally, after the expulsion or voluntary departure, the removal order shall be reinstated from its original date, subject to re-opening or revision. No, the alien is not eligible, no settlement can be sought under this chapter and the alien will be removed under the pre-order at any time after the illegal re-entry ”.

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In 1996, Congress approved what is known as the Penal Code, which prohibits undocumented foreigners from leaving the country for more than 180 days, and 10 years if the undocumented balance exceeds 365 days. If a non-citizen returns illegally at that time, the offense is called re-entry, which is considered a heinous or heinous crime.

With this decision, the Supreme Court put an end to the legal battle in the case of Maria Angelica Guzmn Chavez, an immigrant who lost her asylum-seeking lawyer and was deported and deported, but was detained by authorities. Federal immigration fees on illegal rehabilitation fees (Re-entry), It is a serious crime that cannot be allowed under the Immigration and National Law (INA).

The law states that foreigners who have lost their asylum cases and are deported and return to the country without authorization to seek protection from the government are being detained and sent to expedite deportation. ‘Streamline’Ezequiel Hernandez, an immigration lawyer trained in Phoenix (Arizona), says “this is where criminal prosecution will take place.”

With this decision, the Supreme Court “reverses the judgment of the 4th Circuit Court of Appeal and clarifies that the final order for deportation will not be revoked or pending an application to suspend the removal of a person seeking asylum,” Guerrero explained.

In its ruling, the Supreme Court ruled that the INA “establishes and determines procedures for the expulsion of foreigners living illegally in the United States.
These people have been detained during the deportation. ”

But if a foreigner is ordered to be deported and the order becomes “administratively final”, “detention becomes mandatory.” If a foreigner deported under this procedure re-enters the country without authorization, “that person faces re-establishment of the previous removal order from its original date.”

“This order is not subject to re-opening or amending and the foreigner may be deported under the previous order at any time after undocumented re-entry,” he said.