Aliens may be removed from the United States for a variety of reasons, such as having entered the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other ...
form of adjudication that determines whether they are subject to removal. Although judicial review by a federal court of appeals of a removal order is generally available, Congress has determined that review by the federal courts will not be available with respect to certain types of removals, such as expedited removal orders, crime-related removals, discretionary determinations and matters involving prosecutorial discretion. This book analyzes the jurisdictional issues in the Immigration and Nationality Act (INA) by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court's jurisdiction to review a removal order.