Verbatim
California Lawyer

Verbatim

U.S. Supreme Court Justice Elena Kagan

April 2012

"The legal background of this case is complex, but the principle guiding our decision is anything but. When an administrative agency sets policy, it must provide a reasoned explanation for its action. That is not a high bar, but it is an unwavering one. Here, the BIA has failed to meet it."

U.S. Supreme Court Justice Elena Kagan, writing for the Court in Judulang v. Holder (132 S. Ct. 476 (2011)), explains that the Board of Immigration Appeals? policy for deciding when resident aliens may apply to the Attorney General for relief from deportation is arbitrary and capricious.


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