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- Title
RESTORING THE QUID PRO QUO OF VOLUNTARY DEPARTURE.
- Authors
Rubenstein, David S.
- Abstract
"Voluntary departure" is an immigration benefit that permits an otherwise deportable alien a prescribed period of time in which to depart the United States of his own volition. The alien benefits by avoiding the legal and stigmatic ramifications of forced removal while the government benefits from reduced litigation and avoids costs associated with a contested deportation. This Article describes the development of a circuit split on the issue of whether federal circuit courts are authorized to issue stays of voluntary departure periods while an alien appeals his removal. It criticizes the majority rule permitting such stays and questions the wisdom of judicial interference with congressional and executive policymaking in the immigration context. Finally, the Article encourages a return to the "bargain" of voluntary departure that Congress intended--one that is not undermined by judicial overreaching.
- Subjects
UNITED States; WILL; ACTIONS &; defenses (Law); CIRCUIT courts; IMMIGRATION law; VOLUNTARY departure (Immigration law)
- Publication
Harvard Journal on Legislation, 2007, Vol 44, Issue 1, p1
- ISSN
0017-808X
- Publication type
Article