Law Commons^™

Inventing Deportation Arrests, Lindsay Nash

Michigan Law Review

At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …

A Suspended Death Sentence: Habeas Review Of Expedited Removal Decisions, Lauren Schusterman

Michigan Law Review

Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings.

Although there is clear congressional intent that asylum seekers not be subjected to expedited removal, mounting evidence suggests that expedited removal fails to identify bona fide asylum seekers. Consequently, many of them are sent back to persecution. Such decisions have weighty consequences, but they have remained …

Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann

Michigan Law Review

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit read “when …

Chadha, Abner J. Mikva

Michigan Law Review

A Review of Chadha by Barbara Hinkson Craig

Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann

Michigan Law Review

This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, …

Immigration And Naturalization-Suspension Of Deportation- A Look At A Benevolent Aspect Of The Mccarran-Walter Act, Kenneth W. Graham Jr., S.Ed.

Michigan Law Review

This comment proposes to look, for a change, at one of the ameliorative portions of the act, the provisions which allow suspension of deportation for certain deserving aliens. This section of the statute is not only unusual in its solicitude for the foreign-born and their families but is also effectuated by a peculiar interaction of the legislative, executive and judicial branches of government. Before considering the substantive law governing suspension of deportation, it is appropriate to look at the procedural aspects involved in applying the raw statutory language.

Aliens - Denaturalization - Requirement That The Governmnet Be Deceived In Naturalization Proceeding As Basis For Denaturalization, Charles B. Renfrew S.Ed.

Michigan Law Review

Defendant Umberto Anastasio, arrived in this country as a deserting seaman in 1917. A certificate of registry was granted in 1931 upon the fraudulent allegation in his application and testimony before an immigration inspector that he had never been arrested. After filing other papers necessary for naturalization, defendant was issued a certificate of arrival in 1933 based on the certificate of registry. Before obtaining citizenship, however, defendant executed an affidavit which revealed his criminal record and filed a consent of dismissal of his petition for naturalization in 1935. In 1942, while in the United States Army, defendant applied for naturalization …

Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch

Michigan Law Review

Plaintiffs, husband and wife, were deportable aliens. At deportation hearings the plaintiffs asked the attorney general to grant discretionary suspension of deportation under section 19 (c) of the Immigration Act of 1917, as amended, which provided in part: "In the case of any alien ... who is deportable ... and who has proved good moral character for the preceeding five years, the attorney general may ... (2) suspend deportation ... if he finds (a) that such deportation would result in serious economic detriment to a citizen .... " Plaintiffs had three children who were all American citizens. The hearing officer …