The Supreme Court of the United States convened on November 12, 2024, to discuss the case of Velazquez v. Garland, which centers on critical jurisdictional issues in immigration law. The justices engaged in a detailed examination of the implications of the government's stance on motions to reconsider and reopen immigration cases.
During the proceedings, the justices expressed concerns that accepting the government's interpretation could lead to significant changes in immigration law. Specifically, it could mean that decisions regarding reopening and reconsideration of cases would not be separately reviewable, contradicting established precedents set in previous cases such as Mata and Kuchana against Holder. This raised questions about the potential for confusion in lower courts and the broader consequences for individuals seeking relief from removal orders.
Justice Sotomayor highlighted the potential collateral consequences of the government's position, noting that errors made by the government in denying reopening petitions could become unreviewable. This could result in severe outcomes for individuals who may be unjustly barred from returning to the United States due to erroneous decisions made within the 60-day window for filing motions.
The discussion also touched on the frequency of cases where individuals challenge motions to reconsider without contesting the underlying removal order. While the government suggested that such instances are rare, the justices pointed out that motions to reopen often arise years after final orders, typically involving changed circumstances that warrant reconsideration.
The court's deliberations underscored the complexity of immigration law and the importance of ensuring that individuals have access to judicial review of their cases. As the justices continue to weigh the implications of their ruling, the outcome of Velazquez v. Garland could have lasting effects on the landscape of immigration appeals and the rights of those facing removal.