The US Supreme Court denied an Indian man’s request to stop the deportation. The Indian citizen is facing deportation because he mistakenly ticked an option in the driver’s licence form declaring him a US citizen. According to the court documents, the petitioner, Pankajkumar Patel, entered the United States illegally with his wife, Jyotsnaben, in the 1990s.
In 2007, Patel applied for discretionary adjustment of status, a step in the green card process, at the United States Citizenship and Immigration Services (USCIS). However, the USCIS has denied his permanent residence green card application. The apex bench of America says it was conscious that Patel had falsely claimed himself to be an American Citizen on his driver’s licence form in Georgia.
As per the court documents, the Patels have three sons. One of them is a US citizen. The other two are legal permanent residents as they are married to US citizens. The court documents also mention that the US government was late in starting the removal proceedings against Patel. Recently, Patel was unsuccessful in proving himself innocent in front of an immigration judge. Afterward, Patel appealed to the Board of Immigration appeals, but he lost there.
Later, he approached the federal appeals court (the 11th circuit). However, the federal courts could not help him because of a lack of jurisdiction in the case. According to US law, the government does not allow the federal courts to review facts found during a discretionary-relief proceeding.
At last, Patel knocked on the doors of the US Supreme Court in January. Following this, the court heard the arguments in December. But, as the apex bench agreed with the lower courts, Patel’s hard work went in vain.
No Room For Mercy
The Trump appointee and the bar’s newest justice, Amy Coney Barrett, wrote, “Federal courts have a limited role in the process. Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal, with an exception for legal and constitutional questions. However, there is no room for mercy.”
New Press Secretary Karine Jean-Pierre brought up the case during the press briefing on Monday. She asked if the Biden Administration would intervene in the case. She said that the Department of Justice should decide upon it.
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