Maryland Criminal & Immigration Lawyer Blog
The Supreme Court of the United States recently agreed to hear the deportation case of a Jamaican man relief under the Convention Against Torture (CAT). This upcoming decision could clarify whether specific appeal deadlines are mandatory or waivable and what does (and does not) constitute a “final order” for purposes of appealing an immigration decision. This case and the rulings that have led to it comprise a clear reminder that mounting a deportation defense is intricate and complex and is filled with numerous deadlines and procedural rules. To give yourself (or your loved one) the best chance at succeeding in a deportation case, ensure you have legal representation from an experienced Maryland deportation defense lawyer.
The man facing possible deportation, P.R., came to the United States on a tourist visa. In 2006, he was convicted and jailed on drug distribution and weapons charges. When he was released from incarceration in 2021, immigration authorities took him into custody and ticketed him for deportation based upon his “aggravated felony” conviction.
It is essential to recognize that an “aggravated felony” under federal immigration law is not identical to that phrase’s definition under criminal law. The list of aggravated felonies under immigration law is codified at 8 USC Section 1101(a)(43) and includes, among other things, drug trafficking.
The man expressed fear about returning to Jamaica. Eventually, an immigration judge concluded that P.R. had established a reasonable fear of persecution or torture. That demonstration is significant because, if you do that, you may be eligible for “withholding of removal,” which will allow you to remain in the U.S. While withholding of removal enables you to stay in this country, it offers fewer benefits than asylum, such as a pathway to citizenship and the ability to pursue bringing relatives to the U.S.
The man’s legal team argued that he was eligible to remain in the U.S., not only under withholding of removal but also deferral of removal under the CAT. The immigration judge granted the man deferral, but the Board of Immigration Appeal reversed and ordered him deported.
Sticking Point: The 30-Day Deadline
The 4th Circuit Court of Appeals upheld the board on technical procedural grounds. The appeals court stated that it could only remove a “final order of removal” and that the noncitizen must ask for an appellate review of that final order within 30 days. In addition, that 30-day deadline was “mandatory and jurisdictional and… not subject to equitable tolling.”
That was a problem for P.R. because, according to the court, an order denying deferral under the CAT does not qualify as a “final order.” The only final order in P.R.’s case was a January 2021 “Final Administrative Removal Order.” Because the man filed his appeal more than 30 days after the issuance of that order, the appeals court concluded that it lacked jurisdiction and dismissed the appeal, leaving P.R. still facing possible deportation.
With the Supreme Court agreeing to hear the case, the man’s hope for remaining in the U.S. has a new life. The court stated that its ruling would answer two questions, namely, whether “8 U.S.C. 1252(b)(1) ‘s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited,” and whether “a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order.” In both questions, the federal appellate courts are split about the correct standard.
Deportation often means separation from families, jobs, communities, and, sometimes, the only home an immigrant has known for many years. Returning to their country of origin may place an immigrant in grave (and often lethal) danger. Given the enormous stakes in any deportation or removal matter, it pays to have top-level legal representation. For answers to your questions about deportation/removal matters, count on the experienced Maryland deportation defense attorneys at Anthony A. Fatemi, LLC, to provide the sound advice and effective advocacy you need. Contact us today at 301-519-2801 or via our online form right away to schedule your confidential consultation.