This article provides the history of procedural due process in the context of immigration law and analyzes Executive Order 13,769 (announced January 27, 2017) and the Ninth Circuit’s review of a stay request of the temporary restraining order enjoining its enforcement. The Ninth Circuit focused on the probable success of the Government on the issue of procedural due process, and this article both calls that judgment into question and considers the implication of success.

KJ