Thursday, February 9th, 2017

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



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