Duncan Fulton

Professor Fulton teaches and writes on immigration, criminal law, and federal litigation. His research focuses on how administrative law, statutory construction, and federal court procedural doctrines shape the immigration system and impact immigration adjudications. In addition to teaching law students, Professor Fulton has trained hundreds of immigration judges and attorneys on the judicial review of immigration cases, including expedited removal litigation, APA litigation, and federal appeals. During the Biden administration, he was a regular speaker at the U.S. Department of Justice’s annual training for government immigration attorneys and judges. He is a contributing author at SCOTUSblog.com. 

Professor Fulton has litigated over 150 immigration cases in federal courts nationwide, orally arguing almost a dozen cases before the U.S. Courts of Appeal for the Second Circuit, Seventh Circuit, Ninth Circuit, and Tenth Circuit. He litigated Wassily v. Garland before the Second Circuit, which later went up to the U.S. Supreme Court. Professor Fulton has practiced in all regional federal circuit courts and has been admitted to the U.S. Supreme Court. 

Previously, Professor Fulton was a trial attorney at the U.S. Department of Justice’s Office of Immigration Litigation in Washington, D.C., before transitioning to private practice with a focus on federal immigration litigation. Professor Fulton helped open and lead one of the nation’s first EB-5 immigrant-investor deportation defense practices. That new practice worked to win back the “green cards” of dozens of lawful permanent residents charged with deportation. He has represented individuals; multi-national companies; investors; institutions of higher education, research, medicine, and science; manufacturers; and technology companies; and the federal government. 

Early in his legal career, Professor Fulton served as a law clerk for U.S. District Court Judge Eldon Fallon in the Eastern District of Louisiana and was a staff attorney at the U.S. Court of Appeals for the Fifth Circuit. He also was staff counsel for the Board of Immigration Appeals and trial-court level immigration judges. 

Professor Fulton graduated magna cum laude from Tulane Law School, where he was a member of the Order of the Coif and was a managing editor of the Tulane Law Review. He obtained his B.A., magna cum laude, in Spanish & European Studies from Vanderbilt University.