Common procedure to file petition for review in U.S. Court of Appeals for circuit where removal hearing held INA § 242(b)(2) – Must be administratively final to be reviewable INA § 242(b)(2) – Must have exhausted all administrative remedies, including appeal to BIA INA § 242(d)(1) – Must file within 30 days of final order INA § 242(b)(1) – Exceptions for removal orders based on criminal convictions and challenges to denial of discretionary relief still reviewable on – questions of law INA § 242(a)(2)(B,C,D) – Surge in Federal Filings Petitions for Review INA § 242(a)(1) – No more automatic stay of renewal Must move court in order to grant it INA § 242(b)(3)(B) – Result is that aliens join their motion for stay with their petition for review Exhaustion of remedies required Includes raising issue before BIA Res Judicata and Collateral Estoppel Filing from Overseas Permitted Source of Review Court decides merits solely on basis of administrative record INA § – 242(b)(4)(A) Scope of Review Findings of fact upheld unless reasonable adjudicator would be “any compelled to conclude” the contrary INA § 242(b)(4)(B) – Functional equivalent of substantial evidence test? INA upholds substantial evidence test standard for removal orders INA § 240(c)(3) – Execution of Removal Order Must be removed within 90 days of final order INA § 241(a)(1) – DHS Secretary may execute order if alien in prison for conviction of nonviolent offense before sentence completed if State consents INA § 241(a)(4)(B) – Alien’s cooperation in securing necessary travel documents important INA § 274D – Detention possibly mandatory for some aliens INA § 241(a)(2) – and Baggage” Letter for aliens not in DHS detention to report at specific time and “Bag Prosecutorial Discretion Removal Process Apprehension Formal Administrative Hearing Determination of Appropriate Relief Potential to Culminate in Federal Court Review Prosecutorial Discretion Comes in Prioritizing enforcement actions to achieve goals Aliens with serious crimes National Security Danger
Common procedure to file petition for review in U.S. Court of Appeals for circuit where removal hearing held – INA § 242(b)(2) Must be administratively final to be reviewable – INA § 242(b)(2) Must have exhausted all administrative remedies, including appeal to BIA – INA § 242(d)(1) Must file within 30 days of final order – INA § 242(b)(1) Exceptions for removal orders based on criminal convictions and challenges to denial of discretionary relief – still reviewable on questions of law – INA § 242(a)(2)(B,C,D) Surge in Federal Filings Petitions for Review – INA § 242(a)(1) No more automatic stay of renewal Must move court in order to grant it – INA § 242(b)(3)(B) Result is that aliens join their motion for stay with their petition for review Exhaustion of remedies required Includes raising issue before BIA Res Judicata and Collateral Estoppel Filing from Overseas Permitted Source of Review Court decides merits solely on basis of administrative record – INA § 242(b)(4)(A) Scope of Review Findings of fact upheld unless “any reasonable adjudicator would be compelled to conclude” the contrary – INA § 242(b)(4)(B) Functional equivalent of substantial evidence test? INA upholds substantial evidence test standard for removal orders – INA § 240(c)(3) Execution of Removal Order Must be removed within 90 days of final order – INA § 241(a)(1) DHS Secretary may execute order if alien in prison for conviction of nonviolent offense before sentence completed if State consents – INA § 241(a)(4)(B) Alien’s cooperation in securing necessary travel documents important – INA § 274D Detention possibly mandatory for some aliens – INA § 241(a)(2) “Bag and Baggage” Letter for aliens not in DHS detention to report at specific time and Prosecutorial Discretion Removal Process Apprehension Formal Administrative Hearing Determination of Appropriate Relief Potential to Culminate in Federal Court Review Prosecutorial Discretion Comes in Prioritizing enforcement actions to achieve goals Aliens with serious crimes National Security Danger
Immigration%20Law%20I%20-%20Brown%20-%20Fall%202011.docx