Friday, June 1st, 2018

Leahy Presses DOJ on ‘Potentially Misleading’ Statement in Immigration Case

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Senate Judiciary Committee Chairman Patrick Leahy has asked the
Justice Department to clarify a “potentially misleading statement”
government lawyers made to the Supreme Court in a 2009 immigration case.

The government told the court that its “policy and practice” was to
assist deported aliens in returning to the U.S. if they win their
immigration cases on appeal. Chief Justice John Roberts cited that
assurance in his opinion for the court, Nken v. Holder.

But immigration lawyers said they were unaware of any such practice,
and filed a Freedom of Information Act lawsuit to obtain relevant
government records. In February, U.S. District Judge Jed Rakoff, who
reviewed government emails concerning the case, said there was “substantial evidence that the judicial