A Framework for Judicial Review and Remand in Immigration Law
37 Pages Posted: 24 Aug 2014 Last revised: 21 Apr 2015
Date Written: 2015
This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modern framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, has significant implications for the larger theoretical debate over formalism and functionalism in administrative law.
Keywords: Administrative Law, Immigration Law, Judicial Review, Remand, Statutory Interpretation, Formalist, Functionalist, Skidmore, Chevron, Mead, Ventura, Thomas, Negusie
Suggested Citation: Suggested Citation