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The Supreme Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration courts refuse to do so.
The Seventh Circuit held that a decision whether to “reopen” a removal proceeding is inherently discretionary, and thus beyond judicial review other than for purely legal questions and constitutional claims.  No other Circuit Court of Appeals had taken this position.  The Supreme Court granted the petition for certiorari to resolve the question.  The National Immigrant Justice Center helped the petitioner with his opening brief, and was the lead amicus organization in an amicus brief joined by various nonprofit organizations, aimed at illustrating the importance of the federal courts’ jurisdiction over reopening cases.  The Supreme Court remanded the case.

Read the Supreme Court opinion here.

View the Supreme Court briefs in this case here.

Read the National Immigrant Justice Center press release on this case here.

Read the National Immigrant Justice Center litigation blog entries on:  the Seventh Circuit decision; the Supreme Court briefing; the Supreme Court decision.