Courthouse News Service: Deportation Case Stirs Division in Ninth Circuit by Maria Dinzeo:
SAN FRANCISCO (CN) – The eight-year-old deportation case of Luis Enriquez Sanchez, who has lived as an undocumented immigrant in the United States for nearly three decades, has caused a rift in the Ninth Circuit, as U.S. Circuit Judge Diarmuid O’Scannlain blasted his colleagues Monday for halting removal proceedings in an opinion he called an “errant decision, a very unfortunate precedent with troublesome consequences for our immigration jurisprudence.”
A panel comprising U.S. Circuit Judges Kim McLane Wardlaw, Richard A. Paez, and Morgan Christen concurred in the court’s denial to re-hear Sanchez’s case en banc, drawing O’Scannlain’s ire by reasoning that because Sanchez had been detained solely because of his race, the government should examine whether it violated its own regulation against unlawful searches and seizures.