On Tuesday, the Supreme Court ruled 5–4 in Monsalvo Velázquez v. Bondi that illegal aliens granted voluntary departure under federal immigration law can remain in the United States past their court-ordered departure deadline if that deadline falls on a weekend or a legal holiday.
Justice Neil Gorsuch authored the majority opinion, joined by Justices Roberts, Sotomayor, Kagan, and Jackson, effectively rewriting the meaning of a “60-day” voluntary departure period to accommodate the convenience of illegal aliens. They defied the rule of law.
At the center of the case was Hugo Monsalvo Velázquez, a Mexican national who entered the U.S. illegally nearly two decades ago and was ordered to leave within 60 days.
His departure deadline fell on a Saturday, but instead of leaving, he filed a motion to reopen his case on the following Monday.
Sixty days used to mean 60 days.
The Dissent
Justice Clarence Thomas—joined by Justices Alito, Kavanaugh, and Barrett—blasted the majority for stretching the law beyond its clear terms, arguing that ’60 days means 60 days,’ not whenever the alien gets around to it.
“The merits question in this case—whether petitioner left the United States within ’60 days’ after October 12, 2021— is straightforward,” Alito wrote in his opinion.
The 60th ‘day’ after October 12, 2021, was Saturday, December 11, 2021. And the petitioner failed to depart the country by that Saturday. … There is no justification for [a 2-day extension],”
He continued, “The 60th day after October 12, 2021, was Saturday, December 11, 2021. And petitioner failed to depart the country by that Saturday. Saturday is a day of the week, and there is no reason why petitioner could not have left the country on or before that date. Petitioner gives us no reason to believe—and I am aware of none—that the roads to Mexico, his home country, were closed; so he could have driven or taken a bus across the border. He also could have flown to Mexico or any other country that would admit him.”
“Nevertheless, the Court holds that he was entitled to a 2-day extension because the last day of his voluntary departure deadline happened to fall on a weekend. There is no justification for that decision,” he said.
At this rate, we will never get rid of any of these illegal aliens, even the criminals.
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