Credit: Fred Schilling, Collection of the Supreme Court of the United States.
In yet another blow to immigration law enforcement, the Supreme Court today ruled 5–4 in Monsalvo Velázquez v. Bondi that illegal aliens granted voluntary departure under federal immigration law can remain in the United States past their court-ordered departure deadline—if that deadline happens to fall on a weekend or legal holiday.
Justice Neil Gorsuch authored the majority opinion, joined by Justices Roberts, Sotomayor, Kagan, and Jackson, effectively rewriting the meaning of a “60-day” voluntary departure period to accommodate the convenience of deportable individuals, not the rule of law.
At the center of the case was Hugo Monsalvo Velázquez, a Mexican national who entered the U.S. illegally nearly two decades ago and was ordered to leave within 60 days.
His departure deadline fell on a Saturday, but instead of leaving, he filed a motion to reopen his case on the following Monday.
Both the Board of Immigration Appeals and the Tenth Circuit Court of Appeals ruled that he had missed his deadline. But the Supreme Court has now overruled them, injecting ambiguity into what was once a firm immigration deadline.
In a strong dissent, Justice Clarence Thomas—joined by Justices Alito, Kavanaugh, and Barrett—blasted the majority for stretching the law beyond its clear terms, arguing that “60 days means 60 days,” not “whenever the alien gets around to it.”
The ruling relies on regulatory interpretations going back to the 1950s, which the majority used to argue that deadlines should be extended past weekends or holidays. But critics say the Court is conflating administrative filing rules with statutorily mandated deadlines intended to expedite removals—not delay them.
The implications of this ruling are far-reaching. It opens the door for countless future immigration cases where deadlines could be manipulated or contested based on technicalities, undermining the already overwhelmed immigration enforcement system.
This is a developing story.
The post BREAKING: Gorsuch and Roberts Side with Liberal Justices — Illegal Alien Can Ignore Deportation Deadline If It Falls on a Weekend or Holiday appeared first on The Gateway Pundit.