US Supreme Court Decides on the Side of Illegal Aliens

June 17th, 2008

The US Supreme Court reversed the 5th Circuit in Dada v. Mukasey, making it easier for some foreigners who overstay their visas to seek to remain in the US legally. The court ruled 5-4 that an illegal alien may withdraw request for voluntary departure and continue to try to legalize his or her status in the US.  It held:

“Absent a valid regulation resolving the dilemma in a different way, we conclude the alien must be permitted an opportunity to withdraw the motion for voluntary departure, provided the request is made before the departure period expires. Petitioner attempted to avail himself of this opportunity below. The Court of Appeals for the Fifth Circuit did not disturb the Board of Immigration Appeals (BIA or Board) denial of petitioner’s request to withdraw the voluntary departure election. We now reverse its decision and remand the case.”