EPISODE · Jun 11, 2021 · 22 MIN
United States v. Palomar-Santiago - Post-Decision SCOTUScast
from SCOTUScast · host The Federalist Society
On May 24, 2021 the Supreme Court decided United States v. Palomar-Santiago. The issue was whether a defendant who was removed from the United States is automatically entitled to a defense of invalid removal where the crime underlying his removal is no longer a qualifying removal offense within his circuit.In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and remanded the case. The Supreme Court held, “Each of 8 U.S.C. § 1326(d)’s statutory requirements for bringing a collateral attack on a prior deportation order is mandatory.”Brian Fish, Special Assistant to the United States Attorney in Baltimore, MD, joins us today to discuss this decision and its implications.
What this episode covers
On May 24, 2021 the Supreme Court decided United States v. Palomar-Santiago. The issue was whether a defendant who was removed from the United States is automatically entitled to a defense of invalid removal where the crime underlying his removal is no longer a qualifying removal offense within his circuit.In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and remanded the case. The Supreme Court held, “Each of 8 U.S.C. § 1326(d)’s statutory requirements for bringing a collateral attack on a prior deportation order is mandatory.”Brian Fish, Special Assistant to the United States Attorney in Baltimore, MD, joins us today to discuss this decision and its implications.
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United States v. Palomar-Santiago - Post-Decision SCOTUScast
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