The constitutional requirement of judicial review for administrative deportation decisions
Article Abstract:
Provisions of the Antiterrorism and Effective Death Penalty Act of 1996 eliminating judicial review of deportation orders for certain criminal aliens will violate Article III and the Due Process Clause if they do not provide for judicial review of constitutional issues. Congress has plenary power over immigration issues, but it does not have the authority to abridge judicial power over constitutional matters. Administrative orders originating from executive branch agencies must be subject to some judicial oversight.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Judicial deportation under 18 USC s. 3583(d): a partial solution to immigration woes?
Article Abstract:
Courts should interpret 18 U.S.C. 3583(d), enacted under the Sentencing Reform Act of 1984, to allow district courts to order deportation as a condition of supervised release. The majority of US Courts of Appeals interpret the statute to only allow courts to order a convicted alien to be delivered to the INS upon supervised release. Providing courts with the authority to rule on deportation would serve judicial economy and would prove more humane by reducing unjust incarceration.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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Tolling the deadline for appealing in absentia deportation orders due to ineffective assistance of counsel
Article Abstract:
The author discusses the propriety of equitable tolling the 180-day deadline for appealing an in absentia deportation order against an illegal alien where the alien's attorney induced him not to attend the deportation hearing.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2001
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