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Department of State v. Munoz (Immigration)

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Manage episode 425942949 series 2286679
Content provided by Jake Leahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jake Leahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Department of State v. Munoz
Sandra Munoz is an American citizen who married Luis Ascenio-Cordero -- an El Salvador resident -- in 2010. He was denied entry into the United States by the consulate in San Salvador. Generally, these are finally determinations. But, Munoz, his wife, filed suit, claiming that his denial represented a fundamental liberty interest that was entitled to due process of law. She claimed that she had a right for her spouse to enter the United States. The Court rejected this argument, stating that there is no fundamental right for a non-U.S. resident to be granted entry to the U.S. to live with their spouse domestically. And therefore, there is no heightened showing required of the government to support its decision. Reversed and remanded. Justice Barrett delivered the opinion of the Court. Gorsuch concurred. Sotomayor filed a dissent, joined by Kagan and Jackson.

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453 episodes

Artwork
iconShare
 
Manage episode 425942949 series 2286679
Content provided by Jake Leahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jake Leahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Department of State v. Munoz
Sandra Munoz is an American citizen who married Luis Ascenio-Cordero -- an El Salvador resident -- in 2010. He was denied entry into the United States by the consulate in San Salvador. Generally, these are finally determinations. But, Munoz, his wife, filed suit, claiming that his denial represented a fundamental liberty interest that was entitled to due process of law. She claimed that she had a right for her spouse to enter the United States. The Court rejected this argument, stating that there is no fundamental right for a non-U.S. resident to be granted entry to the U.S. to live with their spouse domestically. And therefore, there is no heightened showing required of the government to support its decision. Reversed and remanded. Justice Barrett delivered the opinion of the Court. Gorsuch concurred. Sotomayor filed a dissent, joined by Kagan and Jackson.

  continue reading

453 episodes

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