Send us a textRiley v. Bondi The Department of Homeland Security (DHS) sought to remove Pierre Riley, a citizen of Jamaica, from the United States under expedited procedures for aliens convicted of aggravated felonies. On January 26, 2021, the DHS issued a “final administrative review order” (FARO) directing Riley’s removal to Jamaica. Under 8 U. S. C. §1228(b)(3), aliens may petition courts of appeals for FARO review. While Riley did not contest his removal from the United States, he sought relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), telling an immigration officer that he would likely be killed by a drug kingpin if he returned to Jamaica. The officer concluded that Riley did not demonstrate reasonable fear of persecution, but an Immigration Judge (IJ) disagreed and concluded that Riley was entitled to relief under the CAT, which prohibits removal to countries where torture is likely. The IJ sent Riley’s case to a “withholding-only” proceeding to determine whether he could be removed to Jamaica. At that proceeding, the IJ found Riley credible and granted deferral of removal to Jamaica under the CAT. The DHS appealed to the Board of Immigration Appeals (BIA), which vacated the IJ’s order and allowed the FARO’s enforcement. Three days later, Riley filed a petition for review in the Fourth Circuit. The Fourth Circuit dismissed Riley’s petition for lack of jurisdiction, holding that (1) aliens cannot obtain review of BIA decisions in “withholding-only” proceedings by filing within 30 days of that decision, and (2) §1252(b)(1)’s 30-day filing deadline is jurisdictional, not merely a mandatory claimsprocessing rule. Held: 1. BIA orders denying deferral of removal in “withholding-only” proceedings are not “final order[s] of removal” under §1252(b)(1).
--------
9:08
Stanely v. City of Sanford (ADA)
Send us a textStanley v. City of SanfordKaryn Stanley worked as a firefighter for the City of Sanford, Florida, starting in 1999. When Ms. Stanley was hired, the City offered health insurance until age 65 for two categories of retirees: those with 25 years of service and those who retired earlier due to disability. In 2003, the City changed its policy to provide health insurance up to age 65 only for retirees with 25 years of service, while those who retired earlier due to disability would receive just 24 months of coverage. Ms. Stanley later developed a disability that forced her to retire in 2018, entitling her to only 24 months of health insurance under the revised policy. Ms. Stanley sued, claiming the City violated the Americans with Disabilities Act by providing different health-insurance benefits to those who retire with 25 years of service and those who retire due to disability. The district court dismissed her ADA claim, reasoning that the alleged discrimination occurred after she retired, when she was not a “qualified individual” under Title I of the ADA, 42 U. S. C. §12112(a), because she no longer held or sought a job with the defendant. The Eleventh Circuit affirmed. Held: The judgment is affirmed. Read by Jeff Barnum.
--------
6:54
Fuld v. Palestinian Liberation Organization (Due Process)
Send us a text Held: The PSJVTA’s personal jurisdiction provision does not violate the Fifth Amendment’s Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches. Read by Jeff Barnum.
--------
9:24
ESTERAS v. UNITED STATES (Revocation of Supervised release/factors courts may and may not consider)
Send us a text
--------
10:51
Diamond Alternative Energy, LLC v. EPA (ARTICLE 3 STANDING, ADMIN LAW)
Send us a texthttps://www.supremecourt.gov/opinions/24pdf/24-7_8m58.pdf
About Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients. *Note this podcast is for informational and educational purposes only.
Listen to Supreme Court Decision Syllabus (SCOTUS Podcast), The Living Your Legacy Podcast and many other podcasts from around the world with the radio.net app
USA