Buying Time? False Assumptions About Abusive Appeals

58 Pages Posted: 24 Feb 2014  

Michael Kagan

University of Nevada, Las Vegas, William S. Boyd School of Law

Fatma E. Marouf

Texas A&M University School of Law

Rebecca D. Gill

University of Nevada, Las Vegas

Date Written: 2014

Abstract

The federal government has expressed fear that immigrants abuse the appellate process to delay their deportations by filing meritless petitions for review with the federal courts. Some courts have responded to these concerns by imposing stricter standards for issuing stays of removal, so that the government can more easily deport petitioners even while their appeals remain pending. The risk with this approach is that immigrants who ultimately prevail may be erroneously deported. What is often overlooked is that the potential for abuse is really a function of time, with longer appeals posing a greater threat to immigration enforcement. This study presents new empirical evidence showing that most circuit courts actually decide immigration appeals faster than previously assumed. Moreover, in many circuits the appeals most likely to be frivolous are resolved especially quickly. These results undermine the concerns that lead the government to oppose stays of removal and illustrate the importance of efficient case management systems to the administration of justice.

Keywords: immigration, immigration appeals, deportation, stays of removal, case management

Suggested Citation

Kagan, Michael and Marouf, Fatma E. and Gill, Rebecca D., Buying Time? False Assumptions About Abusive Appeals (2014). Catholic University Law Review, Vol. 63, 2014 Forthcoming; UNLV William S. Boyd School of Law Legal Studies Research Paper Series. Available at SSRN: https://ssrn.com/abstract=2399672

Michael Kagan (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

Fatma E. Marouf

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Rebecca D. Gill

University of Nevada, Las Vegas ( email )

4505 S. Maryland Pkwy. Box 455029
Las Vegas, NV NV 89154
United States
7028952525 (Phone)
7028951065 (Fax)

HOME PAGE: http://www.rebeccagill.net

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