Salomon Ledezma-Cosino v. Jefferson Sessions

The majority analyzes this case as if it involved governmental conduct in the domestic sphere, but it doesn’t. The President and Congress have excluded an alien pursuant to their plenary power over immigration. The Supreme Court “has firmly and repeatedly endorsed the proposition that Congress may make rules as to aliens that would be unacceptable if applied to citizens.” Demore v. Kim, 538 U.S. 510, 522, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003). We thus owe far more deference here than in an ordinary domestic context. See Fiallo v. Bell, 430 U.S. 787, 792, 97 S.Ct. 1473, 52 L.Ed.2d 50 (1977).

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