The Constitutional Immigration Courts and Asylum Warrior
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Immigration courts are the largest adjudicatory system in the United States — and the one with the weakest constitutional protections. Immigration judges are employees of the Executive Branch, not Article III judges. The Board of Immigration Appeals reviews their decisions under a deferential standard. The Attorney General can override BIA decisions and set immigration policy through precedential decisions. And DHS v. Thuraissigiam held that habeas corpus does not require meaningful judicial review of expedited removal decisions. The constitutional warrior who fights for asylum seekers and removal respondents must understand both the constitutional framework that exists and the arguments for extending it further.
The Constitutional Immigration Courts and Asylum Warrior is Volume LXXV of Wayne Richard Evangelista's Constitutional Law Series — the final volume and the complete constitutional guide to immigration court litigation.
Wayne Richard Evangelista covers the full immigration court constitutional landscape: the due process rights of removal respondents — the Mathews v. Eldridge analysis applied to immigration, the right to counsel dimensions, and the constitutional adequacy of streamlined BIA review; asylum constitutional dimensions — INS v. Cardoza-Fonseca's well-founded fear standard, the particular social group and political opinion nexus requirements, and the Ninth Amendment and due process arguments for broader protection; DHS v. Thuraissigiam's severe curtailment of habeas rights in expedited removal proceedings and the arguments that survive; the Convention Against Torture and withholding of removal; Jennings v. Rodriguez's denial of mandatory bond hearings; Niz-Chavez v. Garland's notice to appear holding; the Attorney General override power and its constitutional dimensions; and post-Loper Bright immigration adjudication — the collapse of Chevron deference in immigration courts and what replaces it.
The Constitutional Immigration Courts and Asylum Warrior
$79.99
Sale price
$79.99
Regular price