immigration

Issues

This case asks the Supreme Court to determine whether the government infringes upon a U.S. citizen’s constitutionally protected interest when it denies their non-citizen spouse’s visa, and if so, whether the government’s citation of a statute as its reasoning is sufficient to provide that citizen with due process. Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, a non-citizen, and petitioned the government to grant her husband an immigration visa. The government denied the application, giving only a citation to 8 U.S.C. § 1182(a)(3)(A)(ii) as the reason. The government argues that Muñoz has no statutory or constitutional right to appeal the visa denial nor any right to further explanation of the reasoning behind the decision. Muñoz argues that the denial of her husband’s visa infringes upon her constitutionally protected liberty interests, and that she is entitled to further explanation about the denial under due process. This case has important ramifications for U.S. citizens with noncitizen spouses who wish to live together in the United States, for national security, and the ability of Congress to exercise oversight over agencies.

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United States Citizenship and Immigration Services, www.uscis.gov

Issues

The Supreme Court will decide whether a conviction under a California criminal statute prohibiting unlawful sexual intercourse with a minor categorically constitutes “aggravated felony” under a federal statute prohibiting “sexual abuse of a minor”—a violation that would provide a legal basis for deportation of a noncitizen. Juan Esquivel-Quintana argues that his conviction does not meet the federal definition if the lowest qualifying conduct under the state statute does not necessarily constitute a crime under the federal statute. He argues that federal law, the Model Penal Code, and the criminal laws of forty-three states affirm that his conduct is not convictable under the federal statute and thus fails categorically. Moreover, he argues that the Court should not defer to the Board’s determination that ‘minor’ under the federal statute means anyone under eighteen years of age because, among other reasons, it impermissibly relies on non-criminal law guidance. In rebuttal, Attorney General Loretta E. Lynch argues that a plain-language interpretation of the California statute is sufficient to resolve the issue against Esquivel-Quintana and that a multi-jurisdictional analysis is unnecessary in light of the plain language. If, however, the Court determines there to be ambiguities, Lynch asserts that the Board’s determination is reasonable and should be offered deference by the Court. This case may have policy implications regarding separation of powers and fair notice concerns.

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Humberto Fernandez-Vargas is a Mexican citizen who has been deported from and illegally reentered the United States numerous times. In January of 1982, Fernandez-Vargas illegally reentered the United States, where he remained, living and working in Utah, until his most recent deportation in 2004. During those twenty years, Fernandez-Vargas began a relationship and had a child with an American woman whom he married in 2001. After marrying, Mr. and Mrs. Fernandez-Vargas applied to adjust his immigrant status so Fernandez-Vargas could legally remain in the United States. However, in 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which revised an earlier provision of the Immigration and Nationality Act and, consequently, might have eliminated Fernandez-Vargas’ ability to adjust his status. The Supreme Court must decide whether the revised law should apply to and eliminate relief for Fernandez-Vargas, who illegally reentered the country prior to the legislation’s enactment.

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Ignacio Flores-Figueroa, a Mexican immigrant used a false name, social security number, and resident alien card to obtain employment. Unbeknownst to him, these documents belonged to another person. When the government discovered this, it charged him with aggravated identity theft under 18 U.S.C. § 1028A(1)(a), and he was found guilty. Flores-Figueroa contends that under the statute, he committed mere identity fraud rather than aggravated identity theft because he did not know that the identity information in fact belonged to a real person. The government argues that the statute should apply to all defendants who use another's identity information, regardless of their mens rea, or intent. The outcome of this case will impact how identity theft cases are prosecuted as well as the rights of immigrants who have used falsified identity documents.

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After his conviction for importing marijuana in 1997, Ruben Flores-Villar was deported to Mexico. Flores-Villar subsequently reentered the United States on several occasions, leading to his conviction under 8 U.S.C. § 1325 for being a deported alien found in the United States. Flores-Villar was born in Mexico, out of wedlock, to a United States citizen father and foreign mother. Under 8 U.S.C. §§ 1401 and 1409, United States citizen fathers of non-marital children born abroad may only transmit United States citizenship if the father had resided in the United States continuously for at least five years after age fourteen. On the other hand, United States citizen mothers with foreign-born non-marital children are only required to have one year residence in the United States to transmit citizenship. Flores-Villar challenged his Section 1325 conviction on the grounds that the differential residency requirements of 1401 and 1409 make an impermissible classification based on gender that resulted in his alien status. The appeals court affirmed Flores-Villar's conviction and the Supreme Court granted certiorari to determine whether the gender-based differentiation in 8 U.S.C. §§ 1401 and 1409 is constitutionally permissible.

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This case asks the Supreme Court to determine whether the issue of a petitioner’s request for equitable tolling in filing motions to reopen his deportation proceedings is a purely legal question or a mixed question of law and fact. Petitioners Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles contend that the term “question of law” in 8 U.S.C. § 1252(a)(D) encompasses mixed questions of law and fact, thereby permitting appellate courts to review whether immigration judges or the Board of Immigration Appeals correctly applied the law to settled historical facts. They contend that even if the Court finds that “question of law” does not encompass mixed questions of law and fact, Guerrero and Ovalles assert that the issue of equitable tolling is closer to a legal rather than factual inquiry, therefore also allowing the appellate courts to review the decision. Attorney General William P. Barr counters that “question of law” does not extend to mixed questions of law and fact, and that even if it did, equitable tolling is a primarily factual determination that cannot be subject to judicial review. This case will affect whether courts experience an increase in the amount of litigation and expended resources, and the effectiveness and meaningfulness of judicial review of immigration proceedings.

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In Holder v. Gutierrez and Holder v. Sawyers, the Supreme Court will determine whether aliens may impute their parents’ time spent lawfully residing in the United States to satisfy residency requirements for cancellation of removal under Section 1229b. In both cases, the individuals entered the United States as children, lived with their legal permanent resident parents, and later became inadmissible due to violations of the law. Attorney General Eric Holder argues that the plain language of 1229b does not allow  imputation,  and that allowing imputation would be contrary to congressional intent. On the other hand, Respondents Gutierrez and Sawyers contend that Congress intended the Immigration and Nationality Act to preserve family unity. They argue that interpreting the statute to disallow imputation would be unreasonable and contrary to congressional intent. If the Supreme Court upholds the imputation rule, aliens who resided with their legal permanent resident parents as minors would be able to impute  the their  parents’ residency period to satisfy the requirements for cancellation of removal under 1229(b).

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