TITLE

Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings

AUTHOR(S)
Markowitz, Peter L.
PUB. DATE
June 2008
SOURCE
Harvard Civil Rights-Civil Liberties Law Review;Summer2008, Vol. 43 Issue 2, p289
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article seeks to explore the tension between the firmly established civil label and the contrary experience of people subject to removal proceedings. To examine the issue of whether removal proceedings are civil or criminal in nature, a bifurcated analysis based on the distinction between exclusion proceedings, seeking to prevent the physical entry and/or political admission of noncitizens and expulsion proceedings seeking to expel lawful permanent residents from within the U.S. is presented. This analysis enables the otherwise conflicting guidance provided by current U.S. Supreme Court doctrine, the historical record and the Supreme Court's claim regarding the nature and source of the sovereign immigration power to be reconciled.
ACCESSION #
32768711

 

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