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Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett dissented, arguing that the Supreme Court lacked jurisdiction to rule on the matter
Thomas stated he would have sent the case back to the lower court to address unresolved issues, while Justice Barrett criticized the nature of the appeal filed by Monsalvo.
There will always be a sympathetic pro se alien who is a day or two late,” Alito said
“For this reason, sympathy for petitioner cannot justify the Court’s decision,” he said.
The narrow ruling comes just weeks ahead of May 15, when the Supreme Court is scheduled to hear oral arguments in a major case challenging President Donald Trump’s effort to end birthright citizenship in the United States.
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