Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit authored an opinion in E.O.H.C. v. U.S. Department of Homeland Security, 2020 U.S. App. LEXIS 4628, by a citation to Mishnah, Pirkei Avot 1:14, utilizing the highly regarded advice from Hillel Elder. The full quotation is: “If I am not for myself, who will be for me? If I am only for myself, what am I? If not now, when?”

The opinion dealt with the Immigration and Nationality Act (INA) stripping the federal courts of jurisdiction over all claims “arising from any action taken or proceeding brought to remove” aliens. An alien, according to Bibas’ thoughtful opinion, must “typically litigate his removal-related claim before an immigration judge. After an order of removal, the alien may appeal to the Board of Immigration Appeals. Only after that may he file a petition for review with a court of appeals. Usually, district courts are not part of this process.”