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Nicole G. Berner

Nicole G. Berner

U.S. Circuit Judge, Fourth Circuit

Appears in 1 story

Stories

The immigration judges’ gag-rule case hits the Supreme Court—and the justices refuse to freeze it

Rule Changes

Authored key reasoning that sent case back for factual development

Immigration judges say the Justice Department has effectively muzzled them: speak publicly about immigration and you need permission, and what you say can be steered into “agency talking points.” The Trump administration’s response has been procedural: you don’t get federal court—go through the civil-service machinery first.

Updated Dec 19, 2025