Wednesday, March 15, 2006

Third Circuit's Immigration Future In Jeopardy!

The Third Circuit's future for immigration cases is now in grave jeopardy -- read the fine print of the draconian terms in the Senate Judiciary Committee's deliberations and proposals.

They actually stuffed into the fine print the unjust idea of forcing all immigration appeals from all over the country to go to the Federal Circuit of Appeals in DC, a court that has no immigration experience. This would cause havoc and be a complete disservice to justice in immigration cases. We must expand review over BIA decisions, especially with well-publicized times that circuit courts have stepped in to overturn obviously unfair BIA rulings.

Forcing all appeals to go to DC will create a huge backlog, lose expertise of judges across the country, enormously increase the cost of appealing a case, and effectively make it financially impossible for numerous immigrants to correct horrible BIA decisions in their cases. If anything, Congress must return the centuries-old habeas corpus option in immigration cases and allow immigrants to appeal cases in courts near them (not force them to go all the way down to DC or even all the way to Philadelphia for the Third Circuit, nothing wrong with Philly!)


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