Judge Criticizes Ninth Circuit on Deportation Case Review

Trump-appointed judge takes issue with court's practice of granting stays in immigration cases.

Published on Feb. 23, 2026

Judge Lawrence VanDyke, a Donald Trump appointee on the San Francisco-based Ninth Circuit federal appeals court, criticized the court's practice of granting stays in immigration cases in a recent dissenting opinion. VanDyke referred to the Ninth Circuit as the 'Circuit of Wackadoo' in his dissent from the court's en banc review of a denial of a stay of deportation proceedings for a Peruvian family.

Why it matters

The Ninth Circuit is known for its liberal leanings and has frequently ruled against the Trump administration's immigration policies. VanDyke's strongly worded dissent reflects the ongoing tensions between the federal judiciary and the executive branch over immigration enforcement.

The details

In his dissent, VanDyke wrote that in his imaginary 'Wackadoo' circuit, 'The attorneys are all wise, the judges are all zealous, and the law clerks are all above average. Everything is enlightened and efficient. But alas, ...'. This suggests VanDyke believes the Ninth Circuit is overly activist in its approach to immigration cases.

  • Judge VanDyke issued his dissenting opinion on February 20, 2026.

The players

Judge Lawrence VanDyke

A Donald Trump appointee to the Ninth Circuit federal appeals court.

Ninth Circuit

The San Francisco-based federal appeals court known for its liberal leanings and frequent rulings against the Trump administration's immigration policies.

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The takeaway

This dissent highlights the ongoing tensions between the federal judiciary and the executive branch over immigration enforcement, with Trump-appointed judges like VanDyke challenging what they see as activist rulings by the Ninth Circuit.