As one
 wrote this week after the Judulang decision,
“the Board of Immigration Appeals should pay heed to the growing number of
cases in recent years in which the Supreme Court has rejected its positions in
removal cases.”  It is true.  Of the four immigration-related
decisions the court issued last session, three were favorable to the immigrant,
signaling that the agency has taken some fairly extreme positions in
immigration matters recently, which are now being reversed by a conservative
supreme court.
Judge Kagan’s opinion is surprisingly clear for a
complicated issue.  The next question is what standard the Board will
apply now that the Supreme Court has described its current standard as
“arbitrary and capricious.”