Suprema - Rol N° 4231-2024

La Corte Suprema confirma el rechazo de amparo contra expulsión, al estimar legal la medida fundada en condena penal, desestimando argumentos de prescripción y demora administrativa.

• Nombre sought to annul an expulsion order issued in 2015 due to a conviction for drug trafficking, for which she received a 3-year substituted penalty.
• She argued the expulsion was illegal and arbitrary as the criminal penalty was declared prescribed in 2021 and she had strong family and work ties in Chile for eight years.
• A dissenting Supreme Court Justice highlighted the decay of the administrative act due to the significant delay (2015-2023) between the order's issuance and its notification.
• The dissent also argued that the prescription of the criminal penalty should lift the mandatory entry prohibition under Law 21.325, considering an exception for cases where the penalty is not prescribed or has not been effectively served.
• The majority decision, by the Court of App...