On Jan. 18 the U.S. Supreme Court will hear the oral argument in the consolidated case: “Holder v. Gutierrez and Holder v. Sawyers," which involves non-citizens who are facing deportation from the United States.
And on January 7 on C-SPAN Radio’s historic Supreme Court oral argument, a case cited in “Holder." From 1996: “Immigration and Naturalization Service, petitioner v. Yueh-Shaio Yang, respondent.”
Former Taiwan residents Yueh-Shaio Yang and his wife committed fraudulent schemes to gain entry into the United States and later, to obtain Mr. Yang's citizenship. While his naturalization application was pending, the Immigration and Naturalization Service learned of his unlawful entry and issued an order to show cause why he should not be deported at the time of entry. Mr. Yang conceded that he was deportable and filed a request with the Justice Dept. for a waiver of deportation under the Immigration and Nationality Act. An immigration judge denied Mr. Yang's request.
The Board of Immigration Appeals found that Mr. Yang was statutorily eligible for a waiver, but had been denied it as a matter of discretion. In vacating, the Court of Appeals held that the Board had abused its discretion by considering the adverse factors of Mr. Yang's participation in his wife's fraudulent entry and his own fraudulent naturalization application.
The audio and information in this program are courtesy of the Oyez Project at IIT Chicago-Kent College of Law.