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Removing Aliens from the United States: Judicial Review of Removal Orders
Yule Kim (au)
Aliens may be removed from the U.S. for a variety of reasons, such as having entered the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication thatdetermines whether they are subject to removal. Although judicial review by a fed. court of appeals of a removal order is generally available, Congress has determined that review by the fed. courts will not be available with respect to certain types of removals, such as expedited removal orders, crime-related removals, discretionary determinations, and matters involving prosecutorial discretion.Jurisdictional issues related to removal are further complicated because of the constitutional requirement that some adequate substitute for habeas corpus be available for all removal orders. In order to satisfy this requirement, Congress specifically preserved the jurisdiction of the courts of appeals to review constitutional claims and questions of law for all removals, even those arising from types of claims in which judicial review is generally barred. This report analyzes the jurisdictional issues in the Immigration and Nationality Act (INA) byfocusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III courtís jurisdiction to review a removal order. Discussion concerning the procedures underlying removal hearings and administrative review is limited to their relation to judicialreview and will not be discussed separately.
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