NCJ Number
173503
Journal
Federal Lawyer Volume: 44 Issue: 3 Dated: March/April 1997 Pages: 43-49
Date Published
1997
Length
7 pages
Annotation
This article examines restrictions on judicial review of deportation, exclusion and removal under the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, specifically, to determine whether these restrictions will withstand challenges involving the power of Congress to eliminate judicial review of agency decisions.
Abstract
This inquiry begins with an examination of case law regarding the power of Congress to preclude judicial review of agency decisions. Most aliens with aggravated felony convictions are not eligible for any relief from removal after April 1, 1997 regardless of the number of years the offender has resided in the United States or how young he or she was upon initially becoming a legal permanent resident. The article describes three ways an "aggravated felon" can be removed from the US. The dramatic increase in the number and nature of convictions that constitute aggravated felonies is one of the most controversial concepts to arise from the recent crackdown on criminal aliens, and select cases will demand review in the Federal courts as a matter of general principles of decency. Notes