In Scialabba v. Cuellar de Osorio, both Justices Kagan and, to a lesser extent, CJ Roberts use some pretty strong language to characterize Justice Sotomayor’s dissent. From Kagan’s opinion: •The dissent responds to this fact only with a pair of non-sequiturs. Post, at 18–19 (opinion of SOTOMAYOR, J.). •but cf. post, at 14 (SOTOMAYOR, J., dissenting) (wrongly stating that under that rule conversion occurs upon the agency’s re- ceipt of proof of the change). •It is, therefore, impossible to understand the dissent’s statement that conversion of such a petition to an appropriate category requires “ ‘substantive alteration’ to [the] petition.”...
