An Immigration Lawyer Asks Why The Ninth Circuit Panel Contains Two Hispanics
November 03, 2010, 04:00 AM
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11/02/10 - More On The Antique "Anchor Baby" Law

From: An Anonymous Immigration Lawyer [Send him mail]

Re: James Fulford's blog item Arizona Law To Be Judged In San Francisco, With The Aid Of A "Skeleton Staff" Of Mexican Protesters

Is it not curious that two of the three judges on the Ninth Circuit panel are (so-called) Latinos?

Who chose the panel?

Are these random assignments?

How probable is that?

James Fulford writes: First of all, these are supposed to be random assignments, but historically, such things have been subject to manipulation by the court clerks.

Second, if there are four Latino judges(three with Hispanic surnames, plus Consuelo Maria Callahan), on a 25 judge circuit, the odds against any two or more of a random three judge panel being Latino are only about 17 to 1—not that unlikely.

The other question is whether either of them should be asked to recuse themselves based on their family or personal history with immigration.