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The actual ruling's language....
Posted on: April 22, 2025 at 10:33:06 CT
Spanky KU
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https://www.supremecourt.gov/opinions/24pdf/23-929_h3ci.pdf
2. Under §1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day. The Board and the Tenth Circuit understood “days” to bear the ordinary meaning of calendar days, no more or less. But evidence suggests a specialized meaning in legal settings where the term “days” is often understood to extend deadlines falling on a weekend or legal holiday to the next business day. When Congress adopts a new law against the backdrop of a “longstanding administrative construction,” the Court generally presumes the new provision works in harmony with what came before. Haig v. Agee, 453 U. S. 280, 297–298. Since at least the 1950s, immigration regulations have provided that when calculating eadlines, the term “day” carries its specialized meaning by excluding Sundays and legal holidays (and later Saturdays) if a deadline would otherwise fall on one of those days. Congress enacted §1229c(b)(2) as part of §304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) against this consistent regulatory backdrop. The government concedes that other deadlines in the same section of IIRIRA, such as deadlines for motions to reopen
or reconsider, are subject to this rule. The identical term “days” should be given the same meaning throughout §304, especially when the provisions were enacted at the same time in the same section of the law..."
Edited by Spanky at 10:34:01 on 04/22/25
2. Under §1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day. The Board and the Tenth Circuit understood “days” to bear the ordinary meaning of calendar days, no more or less. But evidence suggests a specialized meaning in legal settings where the term “days” is often understood to extend deadlines falling on a weekend or legal holiday to the next business day. When Congress adopts a new law against the backdrop of a “longstanding administrative construction,” the Court generally presumes the new provision works in harmony with what came before. Haig v. Agee, 453 U. S. 280, 297–298. Since at least the 1950s, immigration regulations have provided that when calculating eadlines, the term “day” carries its specialized meaning by excluding Sundays and legal holidays (and later Saturdays) if a deadline would otherwise fall on one of those days. Congress enacted §1229c(b)(2) as part of §304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) against this consistent regulatory backdrop. The government concedes that other deadlines in the same section of IIRIRA, such as deadlines for motions to reopen
or reconsider, are subject to this rule. The identical term “days” should be given the same meaning throughout §304, especially when the provisions were enacted at the same time in the same section of the law..."
Edited by Spanky at 10:34:01 on 04/22/25
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The actual ruling's language.... - Spanky KU - 4/22 10:33:06