The Fugitive Disentitlement Doctrine and Immigration Proceedings
40 Pages Posted: 1 Nov 2014
Date Written: 2013
This article, "The Fugitive Disentitlement Doctrine and Immigration Proceedings," is the first significant article to assess the permissibility of the fugitive disentitlement doctrine's application in immigration proceedings. That doctrine permits the dismissal of an appeal, either administrative or judicial, where the noncitizen fails to report for a scheduled removal or otherwise fails to abide by a lawful order.
The article reviews the general development of the fugitive disentitlement doctrine in the United States Supreme Court, before more narrowly focusing on how the doctrine has been applied by the Board of Immigration Appeals and the courts of appeals in immigration cases. This review establishes that the doctrine's application in immigration proceedings is a natural and permissible outgrowth of its broader development. The article concludes by attempting to distill guiding principles for how the doctrine should be applied in immigration cases so as to maximize respect for the courts and agencies while ensuring adequate access to these fora to noncitizens seeking to challenge their removal orders.
Keywords: Appellate Process, Board of Immigration Appeals, Degen v. United States, Discretion, Fugitive Disentitlement Doctrine, Immigration, Judicial Review, Ortega-Rodriguez v. United States, Removal Proceedings
JEL Classification: K00, K39
Suggested Citation: Suggested Citation