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- Title
A FRAMEWORK FOR JUDICIAL REVIEW AND REMAND IN IMMIGRATION LAW.
- Authors
SCHUELER, COLLIN
- Abstract
This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modern framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, has significant implications for the larger theoretical debate over formalism and functionalism in administrative law.
- Subjects
UNITED States; JUDICIAL review; IMMIGRATION law; REMAND (Venue); ADMINISTRATIVE law; SKIDMORE v. Swift &; Co. (Supreme Court case); STATUTORY interpretation; AGENCY (Law); CHEVRON USA Inc. v. Natural Resources Defense Council Inc.; ACTIONS &; defenses (Law); U.S. states
- Publication
Denver University Law Review, 2015, Vol 92, Issue 1, p179
- ISSN
0883-9409
- Publication type
Article