Osorio-Martinez v. Attorney General

Honduran and Salvadoran mothers fear violence, cross into U.S. with their young children, are denied asylum. Mothers and children: The way the gov’t conducted our “credible fear” interviews is unlawful, unconstitutional. Third Circuit (2016): There’s a federal statute that bars us from considering your claims, and you can’t argue the statute is unconstitutional. Four children: The feds have since afforded us “special immigrant juvenile” status for abused or abandoned children (and yet are still trying to deport us expeditiously). Third Circuit(2018): Now we can consider your claims. The statute that says otherwise is unconstitutional as applied to these children.

Tags: 2018, Deportation, Immigration, Third Circuit

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