The Search for Fair Agency Process: The Immigration Opinions of Judge Michael Daly Hawkins 1994 to 2010

31 Pages Posted: 31 May 2011

Date Written: May 1, 2011

Abstract

Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.

The reality of immigration adjudication in the Ninth Circuit is that there are a vast number of non-precedential, “unpublished” decisions issued by three judge panels with a heavy role for the staff attorneys drafting all or parts of the opinion. It is in this context that we examine the key immigration cases of Judge Hawkins, knowing that no immigration opinion can be written in the Ninth Circuit without an understanding that perhaps one hundred or more immigration cases may be decided in a month within the Ninth Circuit alone.

Keywords: Federal Circuit Judge, Due Process, Michael Daly Hawkins, Immigration Law, Administrative Law, Immigration Cases in Federal Court

Suggested Citation

Benson, Lenni Beth, The Search for Fair Agency Process: The Immigration Opinions of Judge Michael Daly Hawkins 1994 to 2010 (May 1, 2011). Available at SSRN: https://ssrn.com/abstract=1854724 or http://dx.doi.org/10.2139/ssrn.1854724

Lenni Beth Benson (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10011-2921
United States
212-431-2336 (Phone)
212 431 1830 (Fax)

HOME PAGE: http://www.nyls.edu/bios/benson.html

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