Dean Johnson Comments on Ninth Circuit Immigration Policy Order for California Watch

Dean Kevin R. Johnson commented for California Watch on a series of U.S. Court of Appeals for the Ninth Circuit orders requiring the Obama administration to decide by March 19 if it intends to use discretion in reviewing deportation cases according to factors outlined last year in two memos by Immigration and Customs Enforcement Director John Morton. The Ninth Circuit issued the orders February 6 in five immigration cases.

Dean Johnson said that while the Ninth Circuit's action was highly unusual, it could be interpreted as the Court's attempt to clarify policy before moving ahead with its immigration caseload.  "I've never seen anything quite like it before, although I can understand why they are doing it," Dean Johnson said. "They could be wondering, 'Do we need to decide these cases they're not going to deport anyway?' If not, they can save everyone some work."

Kevin R. Johnson is Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o studies at UC Davis School of Law. He is an internationally recognized scholar in the fields of immigration law and policy, refugee law, and civil rights.

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