Case Law
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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
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. 4 March 2022 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Topic(s): COVID-19 - Deportation / Forcible return - Expulsion - Public health | Countries: United States of America |
