Alright, keeping up my time on Mastodon tonight with some immigration law hot takes:
- EB immigration law practice is a confusing mess that I wouldn't inflict on my worst enemy, and I say that as someone who loves the categorical approach. Don't ask me to learn how to do a PERM.
- Most detention law precedent is complete nonsense that we're stuck with because of SCOTUS's refusal to admit that deportation is punishment, even though it very obviously is, because come on.
@ReichlinMelnick fren a perm is just using relaxer with hair rollers
But seriously you’re so right, detained practice is cursed because of a whole longstanding edifice of case law completely detached from the reality of the torturous detention it all is
@ReichlinMelnick dude I still remember the bond cases being like
Detained cases are the exception and people are detained only for a very few months max
And like
That analysis is still the law??????
@Diego And that data was made up!
But seriously, Demore suddenly made a lot more sense to me when I read this footnote in a fantastic law review article about Mezei and Knauff. Because guess who wrote the majority in Demore?
@ReichlinMelnick @Diego So renquist was basically the guy from down the block who says his problem with illegal immigration is the they are "cutting the line"?
Checks out.
@davidkubat @Diego I bet it chafed him that Justice Jackson went against him in Mezei. So 50 years later when he was asked to weigh in on Whether Immigrants In Detention Should Get Rights, he was happy to be the one who got to official say "hell no, they can just deport themselves whenever they want."
/of course, the whole point of Mezei is that he COULDN'T, no country would take him!
Aaron Reichlin-Melnick
Diego
David Kubat