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Is The Attorney General The Custodian Of An Ins Detainee? Personal Jurisdiction And The“Immediate Custodian” Rule In Immigration-Related Habeas Actions, Rachel Rosenbloom
Is The Attorney General The Custodian Of An Ins Detainee? Personal Jurisdiction And The“Immediate Custodian” Rule In Immigration-Related Habeas Actions, Rachel Rosenbloom
Rachel E. Rosenbloom
This article argues that the immediate custodian rule has no place in the adjudication of immigration-related habeas actions. I propose that in place of this rule, courts should require only that an appropriate respondent, which may include the Attorney General, be served within the court's jurisdiction; after that, the proper forum should be determined through a venue analysis that considers factors such as the location of witnesses, the location of evidence, and convenience to the parties. Part I provides a brief overview of the use of habeas corpus petitions by INS detainees. Part II situates the custodian debate within relevant …
Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel
Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel
Richard H. Frankel
Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their prior status of being lawfully present in the United States, federal immigration authorities have used the fact of the non-citizen’s now-invalidated deportation to subject such non-citizens to a new and previously inapplicable set of standards that effectively prevents them from returning. Under this practice, non-citizens who seek to return …