Tuesday, July 24, 2018

Michael Kagan: Brett Kavanaugh and the Case of the Brazilian Gauchos


Immigration law professors have been asking:  how would nominee Brett Kavanaugh be as a Supreme Court Justice when it comes to immigration?  Michael Kagan on the Yale Journal of Regulation Notioce & Comment offers us some hints:

"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 court. But a few immigration matters did come before Judge Kavanaugh. Judge Kavanaugh’s dissent in one of them, Fogo de Chao v. Department of Homeland Security (2014), suggests that he takes a restrictionist approach to interpreting immigration law. He also seems to have relied on assumptions about the impact of immigration on the American economy, without rigorously searching for an evidentiary foundation in the record."  (emphasis added).



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