Like death penalty cases, immigration disputes are another area in which there's often lengthy delay, in a manner in which no one -- not the pro-immigration folks, nor the anti-immigration ones -- should prefer.
For example, here, Sergio Gutierrez gets convicted of carjacking in 2006, and since Mr. Gutierrez is only a legal permanent resident -- he came here from El Salvador when he was a toddler in 1986 -- the INS files a petition to deport him.
All sorts of procedural wrangling follows, often revolving around whether carjacking in California is a "categorical" crime of violence. All of which results in today's opinion, which holds that it's not, and thus remands for the BIA and IJ to resolve the remaining issues in the case. Which, in turn, means that there are a lot more proceedings to come. In addition to all the ones that have come before.
With a reminder that Mr. Gutierrez's carjacking case was all the way back in 2006 -- 14 years ago (and counting).
He was 23 or so when he committed that crime. He's 37 or so now. It may well be that a lot has changed in the interim. Many people who are not-particularly-productive members of society in their early 20s have changed a fair piece as they approach their 40s. Yet we're still looking to deport the guy.
If you're an anti-immigration type, you're miffed that it's taken almost a decade and a half (and counting) to get the guy out of the country. If you're a pro-immigration type, you're miffed that Mr. Gutierrez has had to live his life the last 14 years under the specter of being kicked out of the only country he's ever known. Plus had to spend money on lawyers to fight the proceedings against him this whole time.
Sure, he has been able to stay in the country in the meantime, which I'm confident Mr. Gutierrez appreciates. But neither side particularly benefits from a decade-plus (and, again, counting) of delay.
A speedier resolution would be preferable for everyone.
