The Supreme Court ruled that when foreigners were given a deadline to leave the United States, they could not count weekends and holidays.
The majority of justice of the domestic Supreme Court in the division 5-4 decision I supported and controlled Hugo Abyssimon Salvo Verazquez, a Mexican citizen who lived illegally in the United States for many years, ordered his deportation. Velazquez argued that his 60-day notice to leave the country that ended on Saturday should have provided more flexibility on weekends and holidays. (Related: “Step towards Justice”: Illegal immigrants accused of murdering their mother in Maryland)
“Does it count by calendar day?” wrote Judge Neil Gorsuch, who writes for the majority. “Or is the law working to extend deadlines that fall on weekends and legal holidays that fall on the next business day?”
“Here, like elsewhere, the term “day” works to extend deadlines until the next business day on weekends and legal holidays,” writes Gorsuch.
Guatemala City, Guatemala – February 9: Guatemalan immigrants deported from the United States arrived on a banishment flight in Guatemala, Guatemala on February 9, 2017. (Photo: John Moore/Getty Images)
Conservatives Gorsuch and Chief John Roberts joined the three Liberal parties in the court’s ruling. The other four conservative justice disagreed, arguing that they should have sent the case back to lower courts to decide whether the federal court would have jurisdiction over the matter.
In opposition, Judge Samuel Alito and Brett Kavanaugh argued that the majority opinion would create a two-day extension for those who were essentially ordered to leave the country.
“The petitioner doesn’t give him any reason to believe that the roads to his home country, Mexico, have been closed. “He may have also flew to Mexico or other countries that acknowledge him.”
“Nevertheless, the court found that he was entitled to a two-day extension as the last day of his voluntary departure deadline happened to fall over the weekend,” Alito continued. “There is no justification for that decision.”
Alito further argued that the ruling proved to be a “wind fall” for other illegal immigrants who are exposed to a self-denial deadline that ends on holidays and weekends, giving them additional time compared to other immigrants whose deadlines are closed on normal business days.
Monsalvo Velazquez, born in Mexico, illegally entered the United States and eventually settled in the Denver area, according to court documents. When the federal government began deportation proceedings against him in 2011, he demanded a suspension of removal efforts, claiming that he would face persecution if he returned to Mexico. Additionally, he voluntarily asked to leave the United States.
As stated in the Supreme Court’s decision, voluntary removal is extremely beneficial for foreigners. An individual deemed to be removed cannot leave his will, but instead faces detention and forced deportation. However, voluntary removal allows the benefits of leaving at the time and place of choice, and avoids other “substantial” penalties associated with removal, such as being banned from entering the United States.
In 2019, an immigration judge rejected Monsalvo Velázquez’s claim that if he returned to Mexico, he also felt he was eligible for a voluntary departure, according to court documents. The judge gave him 60 days and left the country. This is the deadline that ended on Saturday. For this reason, the immigration judge stipulated that the deadline for voluntary departures will fall on the following Monday.
According to court documents, Monsalvo Velazquez responded to the order by appealing to the Immigration Appeals Committee, but in October 2021 the board refused to appeal his appeal and established a new 60-day deadline for leaving the United States the day before his deadline closes on December 10, 2021.
However, the board did not accept the motion to file until the following Monday, and ultimately ruled over him, setting the stage for the Supreme Court battle.
The Supreme Court ruled as the Trump administration made immigration enforcement a top priority and made illegal immigration a major push towards self-reporting. The White House, which quickly terminated the asylum app created by the previous administration, resumed its app in March with a new feature that allowed illegal immigrants to declare their intent to self-deny.
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