Supreme Court justices waded through immigration law to determine whether deportees who return to the U.S. illegally due to torture fears at home must be detained while they await a decision on a second removal.
It wasn’t clear following oral arguments on Monday where the justices would end up on questions about so-called “withholding-only” removal proceedings.
At issue in the case affecting a narrow class of undocumented immigrants are two conflicting Immigration and Nationality Act provisions. One—8 U.S.C. § 1231—requires that immigrants already ordered removed be detained for at least 90 days. The other—Section 1226—says those still awaiting a decision ...