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Full-Text Articles in Law

Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet Sep 2021

Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Review In Expedited Removal Proceedings: Applying Sims V. Apfel To Assess The Role Of Issue Exhaustion, Emily C. Snow Jan 2021

Judicial Review In Expedited Removal Proceedings: Applying Sims V. Apfel To Assess The Role Of Issue Exhaustion, Emily C. Snow

Georgia Law Review

For noncitizens in expedited removal proceedings, obtaining
judicial review of removal orders is an uphill battle. Some
barriers to judicial review are statutory: noncitizens must first
exhaust their administrative remedies, and they may seek
review only in a federal circuit court of appeals. Other barriers
are judicial—i.e., imposed by courts, not statutes.
A circuit split has emerged over one of these judicially
imposed barriers to judicial review. Some courts have held that
expedited removal proceedings do not accommodate legal
challenges to removal. In those circuits, noncitizens preserve the
opportunity for judicial review even when they do not raise a
legal …