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Jama v. Immigration and Customs Enforcement (2005) |
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The Court ruled five-four in favor of the
government, concluding that the statute on
the detention of aliens granted the Attorney
General the discretion to deport aliens to
their home countries even without prior acceptance.
In this very recent decision, the Court engaged
in a thorough reading of the statute's provisions,
basing its decisions largely on the structure
and internal logic of the statute itself.
Consistent with the government's argument,
the decision also alluded to the traditional
deference the Court has expressed toward the
executive branch in the foreign affairs arena.
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This decision will have a profound effect
on thousands of Somalis who are currently
facing deportation, or face deportation in
the future, when the government discovers,
as it did in this instance, that they have
committed crimes, or that they entered the
U.S. illegally. The future is uncertain for
Jama, as chaos still reigns in Somalia and
violence toward those with relatives in the
U.S. is particularly rampant. However, some
say that the workings of the judicial process
have also impressed some Somalis living in
the U.S.; despite the ultimately unfavorable
result, they have seen how someone with very
little power or money was given his "day
in court."
For a full summary of this case, go to:
http://caselaw.lp.findlaw.com/scripts/getcase.pl? court=US&vol=000&invol=03-674
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