Saturday, September 20, 2014

Second Circuit Addicted to Cut-and-Pasting Legal Standards in Immigration Rulings?


Professor Brian Soucek, UC Davis

Joe Palazzolo of the Wall Street Journal reports that the U.S. Circuit Court of Appeals for the Second Circuit appears to be copying and pasting the wrong legal standard into some of its opinions in immigration cases.:

"Last year, the New York court received 17% of the 7,225 appeals nationwide challenging decisions from the Board of Immigration Appeals, the highest administrative immigration court. Brian Soucek, a professor at U.C. Davis School of Law, found in a 2012 study that the New York court had repeated, verbatim, a legal standard that he believed was misleading in a dozen unpublished orders involving asylum claims from 2008 to 2012. Mr. Soucek said in an interview that the Second Circuit stopped copying and pasting the legal standard for a stretch after his paper was published, but then the language reappeared in three more cases this year."


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