There are three opinions in this Ninth Circuit case.
Judge Paez writes a short (four paragraph), moderate opinion that affirms the denial of a request to reopen an immigration case; as a result, the petitioner stays deported.
Judge VanDyke concurs in the judgment and authors a lengthy discourse, and Judge Korman (sitting by designation) authors a dissent.
Here's a brief snippet from the debate between Judges VanDyke and Korman:
Judge VanDyke: "[O]ne wonders: Why would one champion charting a completely new and unsupported path of legal reasoning just to avoid the lawful removal of a convicted burglar? I agree with Judge Korman’s laudable paean to doing equal justice. But in our system of government that means respecting the laws passed by Congress, not bending them—including our nation’s immigration laws." (emphasis in original)
Judge Korman: "Judge VanDyke questions why I have bothered to “champion” the cause of a convicted burglar. The answer should be obvious. The judicial oath, which was adopted in the Judiciary Act of 1789, requires us to “administer justice without respect to persons, and do equal right to the poor and to the rich.” See 1 Stat. 73, 76 (codified at 28 U.S.C. § 453). We take such an oath, which derives from biblical teachings, see Deuteronomy 1:17, so as not to be blinded by our like or dislike of the parties. We are not called to decide whether Goulart is a good person, but rather whether a person who has been banished from the United States without legal justification should be permitted to seek to return. The Supreme Court has held that the precise statute under which Goulart was deported violates the Constitution. Principles of law and equity require that he be permitted to move for reconsideration in this case."
