Law Commons^™

My Foia Complaint On Deferred Action Cases At Ice, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.

Data From Ice On Deferred Action, Fall 2012, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.

The Immigration Prosecutor And The Judge Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …

Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Sharing Secrets: Examining Deferred Action and Transparency in Immigration Law

Abstract

This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative …

The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …