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Immigration Law Commons

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Washington and Lee University School of Law

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Full-Text Articles in Immigration Law

The Impact Of Insulating Immigration Courts From Judicial Review On America’S New Generation Of Families, Christian Sanchez Leon Jul 2023

The Impact Of Insulating Immigration Courts From Judicial Review On America’S New Generation Of Families, Christian Sanchez Leon

Washington and Lee Law Review

This Note could be read as another Note addressing Congress’s power to strip jurisdiction from Article III courts. Yet, when this power is exercised in the immigration context, its impact extends far beyond the realm of checks and balances. Instead, this Note is about the insulation of the Board of Immigration Appeals (“BIA”) and its unfettered ability to create, interpret, and adjudicate its own laws. Not allowing courts to review BIA decisions leaves mixed-status families vulnerable to the harsh consequences of inherently arbitrary decisions made by executive officers.

These practices go against the established common law principles of family unity. …


Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper Jun 2002

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.