Court Rejects First Amendment Challenge to Alien Removal Statute

Carolyn Hileman* | January 11, 2008 

The Ninth U.S. Circuit Court of Appeals ruled yesterday that a federal law establishing hardship to a relative as a ground for cancelling removal did not violate the constitutional rights of a couple who claimed that their religious beliefs barred them from their only means of conceiving a child. In a per curiam opinion, the court ruled that the law’s requirement did not violate Peter Urrutia Fernandez and Martha Ampil Katigbak’s rights under the Free Exercise Clause of the First Amendment or the Religious Freedom Restoration Act because the pair failed to establish that the requirement placed a substantial burden on the exercise of their religion. Fernandez and Katigbak sought review in the Ninth Circuit after the Board of Immigration Appeals upheld an order for their removal from the United States, arguing that they are devout Catholics who are unable to conceive a child without the use of in-vitro fertilization–a procedure they say is barred by their religious beliefs.

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One Response to “Court Rejects First Amendment Challenge to Alien Removal Statute”

  1. Free Exercise Clause Of The First Amendment on January 12th, 2008 7:44 am

    [...] Court Rejects First Amendment Challenge to Alien Removal Statute [...]

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