The Intersection of Immigration & Patent Law

Prawf (but not immprof) Saurabh Vishnubhakat (TAMU) has a fascinating piece over at the Yale Journal on Regulation entitled Immigration, Patents, and Judicial Review of Agency Action.

Saurabh notes the connections between the recently-decided SCOTUS case of Guerrero-Lasprilla v. Barr (the SCOTUS case about 8 USC § 1252(a)(2)(D)) and Thryv v. Click-to-Call Technologies, a patent law case still pending before the Court.

What, you may ask, could possibly connect an immigration case and a patent case?

Both turn on “an emerging debate within the Court over the continuing vitality of administrative law’s presumption in favor of judicial review over agency actions,” Saurabh notes. And that debate, which is really about separation of powers, “may now have opened up a new line of argument in the reviewability of immigration disputes, patent disputes, and beyond.”

-KitJ