The U.S. Supreme Court handed Stephen Hammer, a senior associate in the Dallas office of Gibson, Dunn & Crutcher, a partial victory Thursday in a major immigration law dispute that divided the federal circuit courts of appeal and could impact thousands of asylum cases pending in the lower courts.
In a five-to-four decision, the justices adopted Hammer’s argument that noncitizens who have overstayed their visas must appeal an order of removal within 30 days of the final administrative removal order being issued — not when the later subsequent order determining where the defendant will be deported to is issued.
Legal experts said the decision in Riley v. Bondi makes it more difficult for immigrants to appeal administrative decisions rejecting their asylum petitions, claiming that they could be tortured or murdered if they are returned to their home country.
However, all nine justices agreed that federal courts have the flexibility to waive those deadlines if they have specific concerns about fairness.
In this case, Jamaican native Pierre Riley overstayed his visa and was convicted of felony drug charges. He did not fight his removal but pleaded that he not be sent back to Jamaica because he feared for his life.
In an interview, Hammer said he is “pleased with the court’s opinion.”
“We won on the most important question and issue regarding the 30-day deadline and the decision clarifies an important question of immigration law that had deeply divided the courts of appeals,” he said.
Hammer, a 2018 graduate of Harvard University School of Law and a former law clerk to Chief Justice John Roberts, was appointed by the Supreme Court to argue the merits of the U.S. Court of Appeals for the Fourth Circuit’s decision to dismiss the case due to lack of jurisdiction after the U.S. Department of Justice declined to defend the opinion.
A native of Carrolton, Texas, Hammer served as an infantry officer in the 82nd Airborne of the U.S. Army and did two tours of duty in Afghanistan.
The Gibson Dunn team working on the case includes partners Allyson Ho and Jonathan Bond as well as associates Patrick Fuster, Robert Batista, Christian Talley, Lavi Ben Dor and Arjun Ogale.
The case is Pierre Yassue Nashun Riley v. Pamela Bondi, Case No. 23-1270.