Wednesday, September 08, 2021

Alam v. Garland (9th Cir. - Sept. 8, 2021)

This is an otherwise routine, unanimous en banc opinion from the Ninth Circuit in an immigration case; indeed, one that was sufficiently facile that it didn't even require oral argument.

Judge Bennett makes the unremarkable memorable by writing a concurrence in which he doesn't disagree with the majority in even the slightest, but instead simply wants to identify four other -- totally unrelated -- immigration cases that he also thinks should be taken en banc.

Usually you wait until those cases actually arise and then asked that circuit precedent be overruled.  But Judge Bennett apparently doesn't want to wait.

Okay, then.  Thanks for that.