On June 15, 2015, the U.S. Supreme Court issued ruling in two important immigration cases: Mata v. Lynch and Kerry v. Din.
In Mata v. Lynch, the Court overturned the Fifth Circuit’s refusal to hear an appeal of the Board of Immigration Appeals’ decision to dismissal of Noel Reyes Mata’s request to appeal his deportation to Mexico, holding that the Fifth Circuit erred in declining to take jurisdiction over Mr. Mata’s appeal.
In Kerry v. Din, the Court overturned the Ninth Circuit’s ruling that petitioner Fauzia Din was denied constitutional due process protections when her husband, Kanishka Berashk, a resident citizen of Afghanistan and a former civil servant in the Taliban regime, was denied an immigration visa to the United States on the grounds that he was inadmissable under American law that excludes aliens who have engaged in “[t]errorist activities,” and when Mrs. Din and Mr. Berashk were subsequently denied review of their appeal in U.S. District Court. The Court held that the U.S. Government’s long practice of regulating immigration, which has included erecting serious impediments to a person’s ability to bring a spouse into the United States, precludes Mrs. Din’s claim.
Our expert, Chapman University School of Law Prof. John C. Eastman, analyzed these opinions and offered his perspectives of their impact on immigration policy.
- Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, Henry Salvatori Professor of Law and Community Service, Chapman University Dale E. Fowler School of Law