U.S. Supreme Court opinions: May 11 Thursday, May 11, 2023

In Santos-Zacaria v. Garland the court held that Title 8 U. S. C. §1252(d)(1)—which requires noncitizens to “exhaus[t] all administrative remedies . . . as of right” before challenging a Board of Immigration Appeals final order of removal in federal court—is not a jurisdictional provision and does not require noncitizens to request discretionary forms of review.

Read the court's opinion at https://www.supremecourt.gov/opinions/22pdf/21-1436_n6io.pdf

In National Pork Producers Council v. Ross the court held that the judgment of the Court of Appeals for the Ninth Circuit—affirming the dismissal of a complaint challenging California’s Proposition 12 under a dormant Commerce Clause rationale not grounded in an allegation that the law purposefully discriminates against out-of-state economic interests—is affirmed.

Read the court's opinion at https://www.supremecourt.gov/opinions/22pdf/21-468_5if6.pdf

In Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc. the court held that nothing in the Puerto Rico Oversight, Management, and Economic Stability Act—including its jurisdictional provision, 48 U. S. C. §2126(a)—categorically abrogates any sovereign immunity the Financial Oversight and Management Board for Puerto Rico enjoys from legal claims.

Read the court's opinion at https://www.supremecourt.gov/opinions/22pdf/22-96_6j7a.pdf

In Percoco v. United States the court held that jury instructions on the legal standard for finding that a private citizen owes the government a duty of honest services based on the Second Circuit’s decision in United States v. Margiotta, 688 F. 2d 108 (1982), were erroneous.

Read the court's opinion at https://www.supremecourt.gov/opinions/22pdf/21-1158_p8k0.pdf

In Ciminelli v. United States the court held that the Second Circuit’s right-to-control theory—under which the Government can establish federal wire fraud by showing that the defendant schemed to deprive a victim of potentially valuable economic information necessary to make discretionary economic decisions—cannot form the basis for a conviction under the federal fraud statutes because the right to control is not grounded in a traditional property interest.

Read the court's opinion at https://www.supremecourt.gov/opinions/22pdf/21-1170_b97d.pdf