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Copyright (c) 1994 Washington College of Law, The American University
Adminstrative Law Journal

SURVEY: FINAL EXIT OR ADMINISTRATIVE EXHAUSTION? THE DEPORTED ALIEN'S CATCH-22

Fall, 1994

8 Admin. L.J. Am. U. 605

Author

Samuel A. Yee *

Excerpt



Introduction


The influx of illegal aliens poses a major problem for the United States, showing signs that it will continue to grow as the twenty-first century approaches. In fact, many United States citizens are angered by what they perceive to be lax enforcement of the immigration laws. These citizens argue that ineffective enforcement results in the failure to deport aliens. Some aliens possess legitimate claims for asylum based on
political or ethnic persecution. 1 The great majority of these aliens, however, come to this country not avoiding persecution but to obtain economic opportunity. 2 To remain in the United States, aliens must follow the normal guidelines set forth in the Immigration and Nationality Act (INA). 3

The Immigration and Naturalization Service (INS) processes asylum claims and deports those aliens that fail to meet asylum standards. 4 In addition, the INS prosecutes cases to deport aliens who have violated U.S. criminal laws. 5 As more illegal and legal aliens enter the country, the INS's workload increases. 6

Even though the immigration laws should expedite the deportation process, aliens may extend their stay by delaying their cases. 7 The INS provides aliens with many procedures to appeal and request review of deportation orders. 8 One procedure that delays deportation is section
106(a) 9 of the INA. This section provides for exclusive review of INS decisions by the U.S. courts of appeals. 10 In essence, the provision enables the petitioner to go through the entire administrative process at the ...
 
 
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