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Immigration judges and the Board of Immigration Appeals are part of the Executive Branch. The court has held that executive actions must be subject to review by
by dcrazy 2y ago
Immigration judges and the Board of Immigration Appeals are part of the Executive Branch. The court has held that executive actions must be subject to review by an Article III court.
- rayiner 2y agoThat's incorrect. Lots of immigration decisions are judicially unreviewable, such as visa revocations: https://www.boundless.com/blog/supreme-court-rules-courts-cant-review-visa-revocations https://www.boundless.com/blog/supreme-court-rules-courts-ca.... The Supreme Court has also never held that non-citizens have a right to an Article III judicial determination to challenge deportation. The current immigration laws provide for many circumstances where deportation is judicially unreviewable, and indeed does not even require a determination by an administrative immigration judge: https://www.americanimmigrationcouncil.org/research/expedited-removal https://www.americanimmigrationcouncil.org/research/expedite...