“Below the Minimum Standard”

This may be a little off topic, but if you’ve ever had the pleasure of dealing with the federal immigration authorities, or are interested in immigration politics, you should check out this extraordinary decision (.pdf) this week from appellate judge/rock star Richard Posner.

In the course of demolishing the federal administrative review system, he writes that the handling of immigration cases “has fallen below the minimum standard of legal justice.”

The case concerns a foreign national married to an American citizen; the plaintiff was going to be deported for failing to submit a second copy of a form he had already filed once.

“We are not required to permit [the plaintiff] to be ground to bits in the bureaucratic mill against the will of Congress,” Posner writes in his conclusion.

(via Volokh)

“Below the Minimum Standard”