This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief when eligibility is assumed, the denial of labor certifications, mandates for specific administrative procedures, Errico and its progeny, waiver of deportability for longtime residents, narcotic violations, and judicial admonitions. The author then goes on to discuss some other Constitutional issues as well as economic benefits for resident aliens and citizenship issues. The author concludes by calling on lawyers to continue in the advocate's role in appealing to the conscience of the court.
Recent Developments in Judicial Review of Immigration Cases,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss1/4