A Commentary on the Passing Scene by
Robert Paul Wolff
rwolff@afroam.umass.edu
Friday, February 14, 2020
BRAGGING RIGHTS
My son, Tobias, the Jefferson Barnes Fordham Professor of Law at UPenn, just won a stunning victory before the Third Circuit Court of Appeals. Don't ask me for details. It is way above my pay grade.
I can offer a not entirely meaningless nutshell of the case. It involves the status of a Guatemalan refugee and his minor daughter, whom DHS wants to return to Mexico, the country through which they traveled from Guatemala to the USA, while awaiting a final removal decision by ICE. The legal issues deal entirely with justiciability and jurisdiction, the seemingly "meta" questions courts must address to determine whether or not they have authority to hear a case. The outcome favors the appellants (the man and his daughter), inasmuch as the Third Circuit holds that certain exceptions apply to their efforts to seek protection before Immigration gets around to a final order.
Relatedly, the PBS NewsHour this evening had a segment on a Human Rights Watch report on the Trump admin's so-called remain-in-Mexico policy. This has forced approx 60,000 (I think that's the number) asylum seekers, including many families w young children, to await the resolution of their asylum applications/cases, which can take months if not longer, in Mexico rather than the U.S. This policy not only violates int'l law (and prob U.S. law as well) but it's also a humanitarian disaster.
Here's a source for the opinion issued yesterday: https://law.justia.com/cases/federal/appellate-courts/ca3/19-2927/19-2927-2020-02-13.html
ReplyDeleteI can offer a not entirely meaningless nutshell of the case. It involves the status of a Guatemalan refugee and his minor daughter, whom DHS wants to return to Mexico, the country through which they traveled from Guatemala to the USA, while awaiting a final removal decision by ICE. The legal issues deal entirely with justiciability and jurisdiction, the seemingly "meta" questions courts must address to determine whether or not they have authority to hear a case. The outcome favors the appellants (the man and his daughter), inasmuch as the Third Circuit holds that certain exceptions apply to their efforts to seek protection before Immigration gets around to a final order.
ReplyDeleteThank you, Dean. Tobias promised to send me the decision.
ReplyDeleteRelatedly, the PBS NewsHour this evening had a segment on a Human Rights Watch report on the Trump admin's so-called remain-in-Mexico policy. This has forced approx 60,000 (I think that's the number) asylum seekers, including many families w young children, to await the resolution of their asylum applications/cases, which can take months if not longer, in Mexico rather than the U.S. This policy not only violates int'l law (and prob U.S. law as well) but it's also a humanitarian disaster.
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