individuals who are unable to secure counsel, or who cannot timely appeal an adverse judgment rendered by a habeas court, face the prospect of removal directly into the perilous conditions of El Salvador’s [Center for Terrorism Confinement], where detainees suffer egregious human rights abuses.
Sotomayor warns about the risks faced by individuals unable to challenge deportation effectively.
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In the end, to the Court, the facts do not matter, even though the consequences are serious.
In addition to being wrong on the merits, the Court’s decision inflicts two grave harms on the public.
This Court has previously recognized that immigration statutes and procedures should not be construed to ‘create a perverse incentive to enter at an unlawful rather than a lawful location. Yet, the majority’s construction does exactly that.
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