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The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell
The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell
Washington Law Review
The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), two 1996 amendments to the Immigration and Nationality Act, eliminated direct judicial review in the federal courts of appeals of final removal orders for aliens convicted of certain enumerated crimes. The legislation also appears to limit the habeas corpus jurisdiction of the federal district courts. While most circuit courts agree that some degree of habeas corpus review of removal orders is constitutionally mandated, several have interpreted AEDPA and IIRIRA as limiting the scope of that review. This Comment argues that the scope …
Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall
Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall
Washington Law Review
The Ninth Circuit and the Board of Immigration Appeals (BIA) historically have disagreed about the application of human rights norms in many areas of asylum law. Although recent decisions by the BIA indicate more receptiveness toward the Ninth Circuit's broader approach, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 seeks to stifle judicial review in many areas of immigration law, including asylum. This Comment analyzes the potential impact of the law on the development of asylum jurisprudence and recommends areas for future dialogue between the Ninth Circuit and the BIA.