Tuesday, March 24, 2020

The Supreme Court Continues Its Move Toward Ensuring Judicial Review of Removal Orders: Guerrero-Lasprilla v. Barr


Yesterday, as carefully reviewed by ImmigrationProf blogger Kit Johnson, the Supreme Court in Guerrero-Lasprilla v. Barr by a 7-2 margin ruled in favor of judicial review under the immigration statute.  For a number of years, I have been contending that the Supreme Court, although headed by conservative Chief Justice, has been consistently applying ordinary judicial review and other principles in immigration  appeals.   For example, in Keynote to Immigration in the Trump Era Symposium:  Judicial Review and the Immigration Laws, 48 Southwestern Law Review 463 (2019), I reviewed recent Supreme Court immigration decisions and concluded as follows:

"The Supreme Court's recent immigration decisions unquestionably reflect the continuation of the move of immigration law toward the legal mainstream and away from `immigration exceptionalism.'  That does not, of course, mean that immigrants will always win. What it does mean is that we generally will see the Supreme Court in immigration cases:

1. Apply ordinary modes of statutory interpretation;

2. Follow routine modes of review of agency of agency action; and

3. Review the constitutionality of the immigration laws.

. . . .  The trajectory of judicial review in immigration cases should be good news to many of us who worry about the immigration initiatives of the current administration and are concerned with undue deference by the courts to Congress and the Executive Branch in immigration matters."  See Download KEYNOTE_ KEYNOTE TO IMMIGRATION IN THE TRUMP ERA SYMPOS (1)

Put differently, some might be surprised by the Supreme Court's deciusion in Guerrero-Lasprilla v. Barr.  I am not.  The Court is slowly but surely moving the immigration law more in line with general legal principles.



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