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 21 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.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.