[SoConPubbie]

Second:

From the case, PATEL v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, I believe the whole case hinges on whether Patel was a "qualified" alien.

If his VISA had expired, and he was in fact an Illegal Alien, should he be considered a "qualified" alien. I honestly do not know and would have to research that out myself.

As the ruling in this case pointed out, from

(iii) Other workers
Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

1. I find it highly doubtful that there were no qualified workers.
2. From my perspective, whether Federal Common Law (Judicial Rulings) alows for it or not, those Aliens that are currently Illegal, should not have that right.

[AndyJackson]

You have utterly and totally missed the point of this case.

Kethledge was not deciding the merits of Patel's case, which you are trying to argue here. All he ruled was that Patel had standing to seek judicial review of the administrative decision and Kethledge did so on the basis of the black and white text in the Administrative Procedures Act.

Please try to be accurate. Kethledge is applying the law as it was written by Congress. Want a different law, get Congress to pass it.

What you are advocating is for the judge to ignore the law and make up his own laws. You are no better than the liberals you despise.