Saturday, August 1, 2009
Tony Mauro of the National Law Journal reports that the Supreme Court on Thursday appointed Professor Amanda Leiter (Catholic) to argue in favor of the Seventh Circuit's decision in Kucana v. Holder. Leiter will fill in for the U.S. government because Solicitor General Elena Kagan in her brief in the case agreed with petitioner Agron Kucana, an Albanian facing deportation who originally was ordered deported in absentia (he had overslept), that the court of appeals erred. The question presented is whether the Illegal Immigration Reform and Immigrant Responsibility Act bars judicial review of the Board of Immigration Appeals' denial of a motion to reopen.
We previously reported on Solicitor Kagan's decision to throw in the towel on Kucana v. Holder. It may have something to do with the fact that the Bush administration lost 3 of 4 immigration cases last Term, a dreadful loss rate for the U.S. government in light of the fact that the Supreme Court is generally so defererential to administrative agencies -- and especially in immigration matters.