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Bringing "Civil"ity into Immigration Law: Using the Federal Rules of Civil Procedure to Fix Immigration Adjudication
Journal article   Peer reviewed

Bringing "Civil"ity into Immigration Law: Using the Federal Rules of Civil Procedure to Fix Immigration Adjudication

Vanderbilt law review, Vol.77(5), p1379
01 Oct 2024
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Abstract

Asylum, Right of Civil procedure Discovery (Law) Emigration and immigration law Evaluation Joinder of parties Laws, regulations and rules Notice (Law)
Government lawyers frequently argue, and courts have frequently held, that noncitizens in removal proceedings do not have the same rights as defendants in criminal proceedings. A common argument made to support this position is that removal proceedings are civil matters. Accordingly, a noncitizen facing deportation has fewer due process protections than a criminal defendant, and deportation proceedings similarly provide fewer protections than criminal proceedings.

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