Class 21: Summary “Hearings”
While a removal hearing under section 240 of the INA can be thought of as the default hearing procedure, today more and more noncitizens’ cases are resolved by the agency through more summary procedures. Expediated removal under INA § 235(b)(1) is perhaps the most important of these summary procedures.
Reading:
INA §§ 235(b)(1), (b)(2)(A)
Expedited removal (502-11)
ICE to Fast-Track Deportations Across the Country (Buzzfeed Oct. 7, 2020)
DHS v. Thuraissigiam (read the factual background, pp. 1-11, the due process discussion, pp. 34-36, and the due process discussion in the Sotomayor dissent, pp. 33-40)
As you read, consider the following questions:
Not all noncitizens seeking admission are subject to expedited removal. Why do you think Congress singled out the noncitizens covered by 235(b)(1) for different treatment than noncitizens covered by 235(b)(2)?
How would the due process holding in Thuraissigiam apply to noncitizens covered by the Trump administration’s expansion of expedited removal?
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