MercoPress. South Atlantic News Agency

US Supreme Court ruling ray of hope for undocumented immigrants

The United States Supreme Court made it easier this week for undocumented immigrants seeking to avoid deportation to get another chance at a court hearing. The decision came in the case of Jean Marc Nken, from Cameroon, who came to the United States in 2001 and did not leave when his visa expired.

Nken has since applied for asylum, married a US citizen and had a child, who also is an American. But immigration authorities and federal courts have repeatedly rejected asylum claims, which allegedly include the prospect of persecution if he is sent back to the African nation of Cameroon, where he says he was detained and beaten for participating in anti-government protests.

The Federal Appeals courts have split on what standard to apply to requests to temporarily block deportation while taking another look at immigration cases. The 4th U.S. Circuit Court of Appeals in Richmond, Virginia applied a very tough standard to Nken's request for a stay and rejected it.

But Chief Justice John Roberts, writing the 7-2 decision, overturned the appeals court and sent it back for reconsideration, saying courts should use a less stringent standard. “The whole idea is to hold the matter under review in abeyance because the appellate court lacks sufficient time to decide the merits,” Roberts said. Justices Samuel Alito and Clarence Thomas dissented.

However the ruling also warned the courts not to start routinely offering stays in deportation cases.

“The alien must show both irreparable injury and a likelihood of success on the merits, in addition to establishing that the interest of the parties and the public weigh in his or her favour,” Justice Anthony Kennedy said.

And the threat of deportation isn't enough to show irreparable injury, Roberts said. “Aliens who are removed may continue to pursue their petitions for review, and those who prevail can be afforded effective relief by facilitation of their return,” Roberts said.

Nevertheless the ruling could become a chance for the estimated 12 million undocumented immigrants that live and work in the US, most of them from Latinamerica.

President Barack Obama is expected to launch next month a public opinion debate on migration reform with the purpose that Congress discuss a bill that contemplates the situation of the millions of undocumented living in the US.

As a Senator, Obama voted twice in favour of the migration reform although he also supported building the wall along the border with Mexico.

However since taking office he has ordered a temporary halt in the illegal migrants raids, which under former president George Bush rounded up hundreds of thousands.