Justice Ketanji Brown Jackson authored her third majority opinion since she joined the Supreme Court in a case involving a transgender immigrant facing deportation.
In the ruling on Santos-Zacaria v. Garland released Thursday, the high court ruled that a requirement for noncitizens to challenge deportation must first exhaust all administrative remedies is not jurisdictional, paving the way for Leon Santos-Zacaria, 33, who is transgender and goes by Estrella, to appeal deportation from the United States.Jackson wrote the court's majority opinion, with Justice Clarence Thomas joining Justice Samuel Alito in a short, separate concurring opinion.
Santos-Zacaria sought to remain permanently under a statute that gives protection to immigrants if they can show proof they are or will be persecuted in their country of origin. Santos-Zacaria claimed that there were safety risks to returning to Mexico, citing instances of assault and one time when Santos-Zacaria was beaten unconscious.
However, the Supreme Court found that the statutory provision"lacks the clear statement necessary to qualify as jurisdictional." "Of course, 'Congress is free to attach' jurisdictional consequences to a requirement that usually exists as a claimprocessing rule... But to be confident Congress took that unexpected tack, we would need unmistakable evidence, on par with express language addressing the court’s jurisdiction. Nothing close appears here," the opinion continued.
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