| Title | NANCY GIMENA HUISHA-HUISHA, AND HER MINOR CHILD, ET AL., APPELLEES v. ALEJANDRO N. MAYORKAS, SECRETARY OF HOMELAND SECURITY, IN HIS OFFICIAL CAPACITY, ET AL., APPELLANTS |
| Publisher | United States Court of Appeals for the District of Columbia Circuit |
| Publication Date | 4 March 2022 |
| Country | United States of America |
| Topics | COVID-19 | Deportation / Forcible return | Expulsion | Public health |
| Citation / Document Symbol | No. 21-5200 |
| Related Document(s) | Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Plaintiffs-Appellees and Affirmance in the case of Nancy Gimena Huisha-Huisha, et al. v. Alejandro Mayorkas, et al. |
| Cite as | NANCY GIMENA HUISHA-HUISHA, AND HER MINOR CHILD, ET AL., APPELLEES v. ALEJANDRO N. MAYORKAS, SECRETARY OF HOMELAND SECURITY, IN HIS OFFICIAL CAPACITY, ET AL., APPELLANTS , No. 21-5200, United States Court of Appeals for the District of Columbia Circuit, 4 March 2022, available at: https://www.refworld.org/cases,USA_CA_DC,624ece754.html [accessed 18 May 2023] |
| Comments | It is likely that § 265 grants the Executive sweeping authority to prohibit aliens from entering the United States during a public-health emergency; that the Executive may expel aliens who violate such a prohibition; and that under § 1231(b)(3)(A) and the Convention Against Torture, the Executive cannot expel aliens to countries where their “life or freedom would be threatened” on account of their “race, religion, nationality, membership in a particular social group, or political opinion” or where they will likely face torture. |
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