The Erosion of Judicial Discretion in Crime-Based Removal Proceedings
Immigration Briefings, February 2014
16 Pages Posted: 27 Mar 2015
Date Written: February 1, 2014
This article discusses how Congress has eliminated, or at least severely curtailed, judicial discretion in the context of crime-based removal proceedings. By way of illustration, this article focuses on the legislative and judicial histories of two discretionary forms of relief: (1) the Judicial Recommendation Against Deportation (JRAD); and (2) the waiver of deportation pursuant to section 212(c) of the INA.
Keywords: crimmigration, discretion, 212(c), JRAD, aggravated felony, waiver, deportation
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