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

Abstract

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

Suggested Citation

Torrey, Philip, The Erosion of Judicial Discretion in Crime-Based Removal Proceedings (February 1, 2014). Immigration Briefings, February 2014. Available at SSRN: https://ssrn.com/abstract=2585196

Philip Torrey (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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