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2014•SSRN Electronic JournalOpen access

The Erosion of Judicial Discretion in Crime-Based Removal Proceedings

Philip Torrey

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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.

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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.

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Available 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.

Key concepts: Deportation, Waiver, Discretion, Judicial discretion, Political science, Law, Context (archaeology), Legislature

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