Dada filed a writ of certiorari in the Supreme Court on the grounds that the Fifth Circuit Court decision contradicted other Circuit Courts that found immigrants should be able to file motions to reopen their cases, and found that their decisions to file should override their previous decision to voluntarily leave the U.S.
The Supreme Court ultimately ruled in favor of Dada, finding that immigrants must be allowed an opportunity to withdraw their request for voluntary departure (as long as they do so before the end of their allotted departure period).
In addition, the Court articulated the inefficiencies and complications
in the immigration process – Justice Kennedy said in his majority opinion:
A more expeditious solution to the untenable conflict between the
voluntary departure scheme and the motion to reopen might be to permit
an alien who has departed the United States to pursue a motion to
reopen post departure, much as Congress has permitted with respect to
judicial review of a removal order.
Much of The Opportunity Agenda’s work to promote opportunity for all
has been related to immigration reform. Immigration Reform: Promoting Opportunity for All discusses the discrimination that immigrants face every day as they are
treated as unequal members of society:
True opportunity requires that we all have equal access to the
benefits, burdens, and responsibilities of our society. In order to
fully contribute and participate in society, immigrants and the native
born alike should be treated equally regardless of race, gender,
religion, country of origin, and other aspects of what they look like
and where they come from. But too often immigrants are treated
unfairly.
The document also emphasizes the importance of immigrants’ roles in strengthening communities across America:
American communities are strengthened by immigrants from all over
the world. Newcomers’ economic contributions are immense, while their
cultural and personal contributions improve all aspects of American
life.
The Dada case addresses the importance of allowing immigrants to be
full and equal members of American society. Without having access to
proper legal services, and with relentless discrimination from Courts,
immigrants will continue to face barriers to achieving their full potential.
Many people have joined The Opportunity Agenda in calling for reform of
the immigration process. One of these individuals is the Seventh
Circuit Judge Richard Posner – he described the U.S. immigration court
system as “inadequate” and “ill-trained” in an article in The National Law
Journal.
If even an established and admired judge in the U.S. is making such
harsh criticisms of the immigration court system and the extent of
legal remedies immigrants can seek, then it is clear it is time for the
system to be reformed. This reform cannot come fast enough; until it
does, there will be more and more individuals trying to fight their way through an unjust system.
Any reform might be too late for Dada - while the Supreme Court ruled that Dada was able to withdraw his request for voluntary departure, the Court did not grant his request to reopen his removal proceedings (it remanded the case back to the lower court). The BIA could still choose to deport him. While Dada's case brought a victory for many U.S. immigrants, it has not yet brought him the legal right to remain in the U.S.
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