Breaking News: Supreme Court Ends 2016 Term, Agrees to Hear Travel Ban Cases, Punts on Three Immigration Cases


The Supreme Court's 2016 Term has come to an end.* Today, the last day of the Term, the*Court in the biggest news agreed to review the travel ban decisions in the 2017 Term.*In a per curiam order, the Court stayed the injunction in part.* Justice Thomas, joined by Justices Alito and Gorsuch, concurred in part and dissented in part.** He would have stayed*the injunctions in full.* *

The Court*did not decide three immigration cases. *

In Jennings v. Rodriguez**(reviewing the legality of detention of immigrants without a bond hearing) and*Sessions v. Dimaya*(reviewing a Ninth Circuit decision, written by Judge Stephen Reinhardt, striking down a criminal removal provision as unconstitutionally vague), the Court will hear rearguments next fall. * The Court likely was split 4-4 in these cases *Justice Gorsuch will break the tie.

In*Hernandez v. Mesa*(reviewing a complex case involving a cross border shooting by U.S. immigration enforcement officer of a young Mexican national), the Court in a per curiam order vacated and remanded the court of appeals ruling in light of Ziglar v.*.Abassi.*The order observed that the case involved "a heartbreaking loss of life."* Justice Gorsuch did not participate in the case.

The Court earlier this Term decided four decisions touching on immigration:

1.**Sessions v. Morales-Santana*(invalidating gender distinctions*favoring women over men based on antiquated on stereotypes in derivative citizenship laws).

2.**Esquivel-Quintana v. Sessions* (interpreting criminal removal provision).

3.**Maslenjak v.. United States**(denaturalization).

4.**Lee v. United States**(ineffective assistance of*counsel claim based on erroneous advice on immigration consequences of guilty plea).

The Court agreed to review*is seven immigration-related cases *in total in* the 2016 Term, which is a relatively large number. Two *(Maslenjak and Santana-Morales) touched on citizenship and denaturalization.* Five (Jennings, Dimaya, Esquivel-Quintana, Lee v. U.S.. Hernandez v. Mesa) involved immigration enforcement, which should not be surprising in light of the Obama administration's immigration enforcement push.* Increased immigration enforcement under President Trump will likely lead to a steady stream of immigration cases to the Supreme Court.


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About The Author

Kevin Johnson Kevin Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Critical Race Theory. In 1993, he was the recipient of the law school's Distinguished Teaching Award.Dean Johnson has published extensively on immigration law and civil rights. Published in 1999, his book How Did You Get to Be Mexican? A White/Brown Man's Search for Identity was nominated for the 2000 Robert F. Kennedy Book Award. Dean Johnson’s latest book, Immigration Law and the US-Mexico Border (2011), received the Latino Literacy Now’s International Latino Book Awards – Best Reference Book. Dean Johnson blogs at ImmigrationProf, and is a regular contributor on immigration on SCOTUSblog. A regular participant in national and international conferences, Dean Johnson has also held leadership positions in the Association of American Law Schools and is the recipient of an array of honors and awards. He is quoted regularly by the New York Times, Los Angeles Times, and other national and international news outlets.

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