|
|
|
|
The Facade of Quasi-Judicial Independence in Immigration Appellate Adjudications |
|
| Abstract | Word Stems | Keywords | Association | Citation | Get this Document | Similar Titles |
|
STOP! You can now view the document associated with this citation by clicking on the "View Document as HTML" link below. |
|
Click here to view the document
|
Abstract:
|
Recently the quasi-judicial appellate process for reviewing decisions of immigration judges in noncitizen removal proceedings changed dramatically when the Department of Justice proposed and later implemented a major downsizing of the Board of Immigration Appeals combined with greatly enhanced reliance on single Board members to decide cases. Because the rule restructuring the Board did not limit the Attorney General’s discretion in identifying those who would lose their Board Member positions—and potential criteria referenced by the Department of Justice in that regard were not helpful in explaining how reassigned Board Members differed from colleagues who remained-—this study undertook an examination of case related data.
The study of closely divided en banc precedent decisions of the Board during the period of service by all five subsequently reassigned Board Members showed that adjudicators inclined to favor the position of noncitizens were particularly vulnerable. In fact, four out of the five Board Members who most often supported outcomes favorable to the noncitizen faced reassignment—and the fifth reassigned Member’s stance in favor of the noncitizen in a high profile case of importance to the Attorney General could explain his reassignment. Outcomes in the closely divided cases also suggested that the Attorney General succeeded in moving the Board of Immigration Appeals in a conservative direction just by announcing his downsizing plans—and the result of implementing downsizing the following year was to remake the Board into a largely homogeneous body without significant dissent.
The paper discusses the need for independent immigration adjudicators and points to the judicial nature of the Board’s work. The Board’s experience under Attorney General Ashcroft, the paper concludes, should give new impetus to efforts to separate review of immigration judge decisions from an agency with law enforcement responsibilities. The alternatives recommended by Federal commissions—a specialized court or an independent Executive Branch adjudicatory agency—continue to provide potential solutions. |
Most Common Document Word Stems:
board (199), member (147), b (130), immigr (125), case (108), d (79), matter (70), decis (59), 2002 (52), review (51), posit (46), alien (45), general (40), attorney (40), reassign (38), depart (37), banc (35), en (34), remov (34), support (33), subsequ (32), |
Author's Keywords:
|
immigration, judges, judicial retention, immigration appeals,judicial independence, administrative law |
|
 | Convention | | Need a solution for abstract management? All Academic can help! Contact us today to find out how our system can help your annual meeting. |  | Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf. |  | Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets! |  | Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more! |  | Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering. |  | Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more! |  | Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches! | | Click here for more information. |
|
|
Association:
Name: American Political Science Association URL: http://www.apsanet.org
|
Citation:
|
MLA Citation:
| Levinson, Peter. "The Facade of Quasi-Judicial Independence in Immigration Appellate Adjudications" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p61510_index.html> |
APA Citation:
| Levinson, P. , 2004-09-02 "The Facade of Quasi-Judicial Independence in Immigration Appellate Adjudications" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p61510_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Recently the quasi-judicial appellate process for reviewing decisions of immigration judges in noncitizen removal proceedings changed dramatically when the Department of Justice proposed and later implemented a major downsizing of the Board of Immigration Appeals combined with greatly enhanced reliance on single Board members to decide cases. Because the rule restructuring the Board did not limit the Attorney General’s discretion in identifying those who would lose their Board Member positions—and potential criteria referenced by the Department of Justice in that regard were not helpful in explaining how reassigned Board Members differed from colleagues who remained-—this study undertook an examination of case related data.
The study of closely divided en banc precedent decisions of the Board during the period of service by all five subsequently reassigned Board Members showed that adjudicators inclined to favor the position of noncitizens were particularly vulnerable. In fact, four out of the five Board Members who most often supported outcomes favorable to the noncitizen faced reassignment—and the fifth reassigned Member’s stance in favor of the noncitizen in a high profile case of importance to the Attorney General could explain his reassignment. Outcomes in the closely divided cases also suggested that the Attorney General succeeded in moving the Board of Immigration Appeals in a conservative direction just by announcing his downsizing plans—and the result of implementing downsizing the following year was to remake the Board into a largely homogeneous body without significant dissent.
The paper discusses the need for independent immigration adjudicators and points to the judicial nature of the Board’s work. The Board’s experience under Attorney General Ashcroft, the paper concludes, should give new impetus to efforts to separate review of immigration judge decisions from an agency with law enforcement responsibilities. The alternatives recommended by Federal commissions—a specialized court or an independent Executive Branch adjudicatory agency—continue to provide potential solutions. |
Get this Document:
Find this citation or document at one or all of these locations below. The links below may have the citation or the entire document for free or you may purchase access to the document. Clicking on these links will change the site you're on and empty your shopping cart.
| Document Type: |
.PDF |
| Page count: |
19 |
| Word count: |
8430 |
| Text sample: |
| THEIFACADE OF QUASI-JUDICIAL INDEPENDENCE IN MMIGRATION APPELLATE ADJUDICATIONS Peter J. Levinson levinsonpj@yahoo.com Prepared for delivery at the 2004 Annual Meeting of the American Political Science Association September 2 5 2004. Copyright by the American Political Science Association. Introduction Recently the quasi-judicial appellate process for reviewing decisions of immigration judges in noncitizen removal proceedings changed dramatically. The Board of Immigration Appeals contracted in size from 23 authorized adjudicators to only 11 remaining Board Members amid concerns about identifying Members |
| of Velarde. 23 I&N Dec. 253 (BIA 2002). [redacted name] unpublished opinion (BIA 2001). Select Commission on Immigration and Refugee Policy. 1981. U. S. IMMIGRATION POLICYAND THE NATIONAL INTEREST. U S. Commission on Immigration Reform. 1997. BECOMING AN AMERICAN: IMMIGRATION AND IMMIGRANT POLICY. U. S. Congress. House. Committee on the Judiciary. 2002. Operations of the Executive Executive Office for Immigration Review [EOIR]. 107TH Cong. 2nd sess. February 6 2002 U. S. Congress. Senate. Committee on the Judiciary. 2002. "Testimony |
Similar Titles:
Does It Really Matter? Does the definition of terrorism really matter in the case of ‘The Troubles’ in Northern Ireland (1969 – 2002)?
Does immigration really matter for the anti-immigrant vote? An analysis of contextual and individual determinants of the vote for the Dutch LPF, 2002
|
|