University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement"
Date 2018
Author Jennifer Lee Koh
Author Institution Western State College of Law
Author Role Faculty
External Link https://heinonline-org.proxy.lib.umich.edu/HOL/Page?collection=journals&handle=hein.journa...
Abstract This Article is the first to consider the interplay of expedited removal and
reinstatement. It traces the operation of the two removal processes, both
independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the resulting inability of the federal judiciary to ameliorate the harshness of removal in this context. The Article then suggests that the use of reinstatement based on prior expedited removal orders fails the basic administrative law requirement that federal agencies demonstrate reasoned decision-making and avoid arbitrary or capricious action. Relying on the Supreme Court's decision in Judulang v. Holder, which applied arbitrary and capricious review in the deportation context, the Article encourages courts to more closely scrutinize the use of reinstatement based on expedited removal.
Source Wash. U. L. Rev.
Citation 96 Wash. U. L. Rev. 337-394


This Resource Relates To
case Al Otro Lado v. Kelly (IM-CA-0092)

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