Supreme Court takes deportation cases

[JURIST] The US Supreme Court [official website; JURIST news archive] granted certiorari [order list, PDF] in two cases Tuesday. In United States v. Denedo [docket; cert. petition, PDF], the Court will decide whether a military appellate court has jurisdiction to entertain a petition for a writ of error coram nobis [backgrounder] filed by a former service member to review a final court-martial conviction. The case involves a Nigerian national who enlisted in the US Navy and was later convicted on larceny charges. After he was discharged from the Navy, deportation proceedings began onthe basis of the conviction. Denedo sought a writ of error coram nobis from the US Court of Appeals for the Armed Forces [official website], which found [opinion, PDF] that it had jurisdiction over the case. The US Department of Justice [official website] appealed the ruling.

In Nken v. Mukasy [docket; stay application, PDF], the Court will consider what standard governs a stay of deportation request by an alien pending consideration of his petition for review. Jean Marc Nken is a native of Cameroon who fears persecution upon return to his home country. He was denied a stay of a deportation order while he pursued court review of the denial of his asylum claim. His lawyers originally asked the Court for a stay of deportation, but the court granted full review to resolve the conflict over the proper standard of review. His deportation has since been blocked, and oral argument is scheduled for January 21.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.