Author Archives: Michael Kagan

Brett Kavanaugh and the Case of the Brazilian Gauchos

by Michael Kagan — Tuesday, July 24, 2018@MichaelGKagan

Because he sat on the D.C. Circuit, Supreme Court nominee Brett Kavanaugh did not decide many immigration cases. There are no immigration courts in the District of Columbia. As a result, petitions for review of orders of removal — the most common type of immigration appeal in the federal courts — do not reach his […]

Jennings v. Rodriguez Might Not Be About Immigration After All

by Michael Kagan — Friday, Mar. 2, 2018@MichaelGKagan

There has been much alarmism from immigrant rights advocates about the Supreme Court’s decision in Jennings v. Rodriguez.  In a very practical way, this alarm is entirely justified. The Court has, for now, eliminated the possibility of bond hearings for immigrants subject to “mandatory detention” while they fight their deportations. Personally, I find that practical […]

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What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

DAPA’s Unlawful Presence Problem, by Michael Kagan

by Michael Kagan — Saturday, Feb. 6, 2016@MichaelGKagan

Like many immigration law professors, I have long thought that President Obama’s deferred action programs are within the Executive’s statutory and constitutional authority. But as I re-read the Fifth Circuit opinion and the briefs in US v. Texas, I am becoming persuaded that the states challenging DAPA may have a valid point about one aspect […]