Key Ninth Circuit Immigration Cases: DACA & Expedited Removal
The Ninth Circuit immigration cases to watch involve crucial issues such as the legality of DACA, the possibility of government rescission, and the denial of asylum seekers' judicial review in expedited removal cases. Prof. Michael Kagan from UNLV Boyd School of Law provides insight into these complex legal matters.
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Ninth Circuit Immigration Cases to Watch Prof. Michael Kagan UNLV Boyd School of Law
The DACA Case
The DACA Case (Deferred Action for Childhood Arrivals) Is a change in deferred action policy reviewable? Was the rescission of DACA arbitrary, capricious or an abusive of discretion? Was DACA legal to begin with? Even if it was legal, can the government cite doubts about its legality as a reason to rescind?
The DACA Case Pending Cert. Petitions DHS v. Regents (CA9) Trump v. NAACP (D.D.C.) Nielsen v. Vidal (CA2) All relisted since Jan 11.
The Expedited Removal Case
The Expedited Removal Case (decided March 7, 2019) Can a person denied asylum at the border seek review through habeas? Holding: Congress violated the Suspension Clause by eliminating judicial review for asylum-seekers rejected in the credible fear process.
The Expedited Removal Case Circuit Split Castro v. DHS, 835 F.3d 422 (3d Cir. 2016) Rejected suspension clause argument based on plenary power doctrine, not Boumediene.
