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US appeals court finds immigration policy does not violate equal protection.

Updated: Jun 20, 2023

The US Court of Appeals for the Ninth Circuit ruled Monday that US immigration law regarding the reentry of migrants who have already once been removed from the US is “facially neutral as to race,” overturning a lower court’s decision.

US officials first brought charges in a Nevada court against Gustavo Carrillo-Lopez under 8 USC § 1326. A lower court judge threw out the case on the grounds that § 1326 violated the US Constitution’s Fifth Amendment protection against discrimination on the basis of race.

Please, contact Darren Heyman, a Las Vegas Immigration Attorney, for more information.

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