Elena Kagan on Immigration
Federal courts said the administration had acted arbitrarily when phasing out the program. The courts pointed to the administration's thin justification--reasoning Roberts and the Supreme Court eventually agreed with.
The 5-4 ruling was written by Chief Justice Roberts and joined by Kagan, emphasizing that the administration failed to provide an adequate reason to justify ending the DACA program. Roberts wrote in the majority opinion. "'The wisdom of those decisions 'is none of our concern.' We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action."
According to Kagan, an attorney giving immigration advice "has a duty to avoid doing so incompetently."
"Professionally incompetent advice," according to Kagan, "can support an ineffective-assistance claim." However, Kagan agreed that Padilla could not withdraw his own plea because the overwhelming evidence against him suggested "that a rational defendant would have pleaded guilty even after receiving correct information."
|Other Justices on Immigration:||Elena Kagan on other issues:|
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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