It is a new one, to us here -- but we will follow it, from now on. It concerns a man born on the African continent -- Cameroon, specifically -- who arrived here in 1992. [He credibly feared torture in his place of birth, as a then-dissident.] Let that sink in: he's been struggling in the US immigration law system (or non-system, more precisely) for over three decades -- to follow our methods to secure a more permanent home for him, here.
To understand the very long convoluted battles -- and the tangled, winding nature of his case, you'll need to read the (errant) appellate opinion, from this particular ultra right wing panel -- of the Fifth Circuit (a Circuit often overruled at the Supremes of late), out of New Orleans.
Here's the errant Fifth Circuit opinion. We will have to wait a beat, to read how the Supremes specifically feel about it.
How the Fifth Circuit thought it was an acceptable / just / even remotely logical answer, to bounce Mr. Ikome, after 30 plus years of proceedings, by only now holding that the courts lacked jurisdiction over his case -- all while saying his daughter (age 21 years) didn't act with "due diligence" -- by taking about nine months to file a petition for his continued stay in the US -- also after the court's own on-and-off delays of about 30 years, as well(?!). [Her petition became necessary, because his petitions, previously filed by his second wife (US born). . . were failing, due to her lack of cooperation with the process -- and her apparent estrangement from him.]
So his daughter -- born here -- became eligible to petition for him, when she herself turned 21. She did so within nine months, upon learning that the "spouse" petition was likely going to fail. Yet the court / government waited 30 plus years to decide it lacked jurisdiction -- all while Mr. Ikome pursued his rights in the courts. Had he been made aware that he was in the wrong court, he could have long ago remedied that defect.
So, forcing him out -- due to the court's own errors (lasting 30 plus years). . . seems outrageous. I suspect this is where the Supremes are headed -- with this one.
Excellent!
नमस्ते







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