NANCY GIMENA HUISHA-HUISHA, AND HER MINOR CHILD, ET AL., APPELLEES v. ALEJANDRO N. MAYORKAS, SECRETARY OF HOMELAND SECURITY, IN HIS OFFICIAL CAPACITY, ET AL., APPELLANTS
- Document source:
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Date:
4 March 2022
NANCY GIMENA HUISHA-HUISHA, AND HER MINOR CHILD, ET AL., APPELLEES v. ALEJANDRO N. MAYORKAS, SECRETARY OF HOMELAND
SECURITY, IN HIS OFFICIAL CAPACITY, ET AL.,
APPELLANTS
Comments:
It is likely that § 265 grants the Executive sweeping authority
to prohibit aliens from entering the United States during a
public-health emergency; that the Executive may expel aliens
who violate such a prohibition; and that under § 1231(b)(3)(A)
and the Convention Against Torture, the Executive cannot
expel aliens to countries where their “life or freedom would be
threatened” on account of their “race, religion, nationality,
membership in a particular social group, or political opinion”
or where they will likely face torture.
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