2006 United States Immigration Reform Protests - Kennedy Ruling

Kennedy Ruling

The USA Supreme Court on June 16, 2008, per ponente Justice Kennedy ruled (5–4) "that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain in the United States." The lawsuit is about 2 seemingly contradictory provisions of immigration law. One prevents deportation by voluntary departure from the country. The other sectition allows immigrants who are here illegally but whose circumstances changed to build their case to immigration officials, and must remain in the US. In the case, Samson Dada, a Nigerian citizen, overstayed beyond the expiration of his tourist visa in 1998. Immigration authorities ordered him to leave the country as he agreed to leave voluntarily, to allow his legal re-entry than if he had been deported.

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