In a recent decision, the US Supreme Court has established a more stringent standard for immigrants contesting a determination that they would not face harm if repatriated to their country of origin. This ruling, delivered on Thursday, asserts that the timeline for filing an appeal commences when an individual is initially ordered removed, rather than at the time a decision is made regarding the country to which they may be deported. This type of relief is referred to as “withholding-only,” and typically, it occurs at a later stage in the deportation process.
The opinion, authored by Justice Samuel Alito, acknowledges that there are “legitimate practical concerns” involved in mandating appeals for withholding-only decisions before the completion of such determinations. However, the ruling indicates that these concerns are outweighed by the need for procedural consistency.
Legal professionals working with immigrants should note the impact of this decision on the procedural timeline for appeals and consider advising their clients accordingly. This shift highlights the importance of early and strategic legal intervention for those facing removal proceedings. For further details on the ruling, the full article by Bloomberg Law is available here.