Ndambi v. CoreCivic, Inc.
Over three decades ago, the Fifth Circuit held in Alvarado Guevara v. INS that detained immigrants who worked for pay at a government processing facility did not qualify as “employees” under the Fair...
View ArticleGEO Group, Inc. v. Newsom
Editors’ Note: On April 26, 2022, in an order from Judge Mary H. Murguia, the Ninth Circuit vacated this panel decision and agreed to rehear this case en banc. Over the past thirty-five years, the...
View ArticlePatel v. Garland
Can limits on judicial review exist within a “regime of law and . . . constitutional government?” Just ask noncitizens, millions of whom are deportable at the stroke of a bureaucrat’s pen. Indeed,...
View ArticleBiden v. Texas
Across several areas of administrative law, the Roberts Court has made it harder for agencies to exercise power. Chevron deference has gone missing. The major questions doctrine has been transformed...
View ArticleCourts in Name Only: Repairing America’s Immigration Adjudication System
Introduction In recent years, immigration has risen to the top of America’s collective consciousness. From President Trump’s infamous “Muslim ban” to the separation of families at the border and the...
View ArticleSeparation of Powers and Thuraissigiam: The Entry Fiction as Judicial...
In Department of Homeland Security v. Thuraissigiam, the Supreme Court rejected Vijayakumar Thuraissigiam’s challenge to the procedurally threadbare “expedited removal” he faced. The Court relied, in...
View ArticleNIMBYism at the Border
Asylum law has a major NIMBY problem, and the Biden Administration’s newly proposed asylum ban is poised to be an extreme manifestation of it. NIMBY, or “Not In My Backyard,” refers to movements by...
View ArticleThe Unpragmatic Family Law of Marginalized Families
Introduction In her excellent article Pragmatic Family Law, Professor Clare Huntington argues that divisive issues roiling U.S. politics, law, and society — such as abortion rights, gender-affirming...
View ArticleA.B. 1766, 2021-2022 Leg., Reg. Sess. (Cal. 2022) (enacted)
In response to the federal government’s vast immigration detention and deportation machine, state and local governments have found ways to protect undocumented residents, including by making driver’s...
View ArticleUnmasking the Boston Police Department’s Gang Database: How an Arbitrary...
A teenager in East Boston walks to school wearing a blue windbreaker — a gift from his mother — and a Chicago Bulls hat. Along the way, he crosses paths with a friend and a classmate he does not know,...
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