Law360 Justices Question Broadening Reentry Paths For Deportees

Law360 reported on oral arguments in United States of America v. Refugio Palomar-Santiago, a case currently before the US Supreme Court that explores whether deportees can reverse their initial removal solely on the basis that the law no longer sees their original crime as meriting deportation, without demonstrating they have pursued all options for administrative relief.

O’Melveny partner Bradley Garcia argued for upholding a Ninth Circuit appeals court decision that found Palomar-Santiago had satisfied the burden of proof to invalidate his removal. 

“It is certainly not a particularly broad rule, especially as to the categories that we are relying on today, where it’s made absolutely clear by a prior decision that the removal was unlawful,” Garcia said in response to questioning by the justices as to the broader applicability and potential to impact other deportees.

Along with Garcia, special counsel Jeffrey Fisher and associates Anna Mohan and Grace Leeper represent Refugio Palomar-Santiago in this matter.

Law360 subscribers can read the full article here.