Supreme Court To Decide Whether Removals Without Consent Of Receiving Government Are Lawful

IMMIGRATION LAW & POLICY

Removal Issues
Concerning Criminal Convictions

Supreme Court to decide whether removals without consent of receiving government are lawful
Immigrants' Rights Update, Vol. 18, No. 2, May 2004

The U.S. Supreme Court has granted a writ of certiorari to decide whether the Dept. of Homeland Security can remove Somalis with final removal orders to Somalia despite the lack of a government there to accept their return.

In the case to be reviewed, the U.S. Court of Appeals for the Eighth Circuit rejected the petitioner’s contention that the Immigration and Nationality Act requires the consent of a receiving government before a removal can be carried out. However, the Ninth Circuit has ruled that such consent is required and on that basis upheld a nationwide injunction of removals to Somalia, in Ali v. Ashcroft, 346 F.3d 873 (9th Cir. 2003) (for more on Ali, see “9th Circuit Upholds Nationwide Injunction of Removals to Somalia,” Immigrants’ Rights Update, Oct. 21, 2003).

Jama v. INS, 72 U.S.L.W. 3535, 124 S.Ct. 1407
(Feb. 23, 2004) (No. 03-674).