Take a few moments to read it...
What that meant, in essence, is that one member, instead of a threejudge
panel at the BIA, one member would review the IJs record, and essentially adopt it.
So we, in practical and legal effect are reviewing a decision of the IJ
That streamlining process, we held, and other circuits held, not a denial of due process,
which is essentially the governing constitutional principle that we go by. As Alex said,
the full range of constitutional protections to criminal defendants is not available in the
civil proceedings to these immigrants, but they do have Fifth Amendment due process
rights. And that’s the fundamental fairness test, essentially, that we’re applying in these.
And the streamlining process was held to satisfy fundamental principles of due process.
What that means, though, is that, we get a lot of cases. And we act as, essentially, the first
level of any meaningful review of the IJ orders. To give you a concrete picture of what
that means, in our calendar year 2001, the Ninth Circuit had 954 immigration cases. Now
at the time, that seemed a lot, and we sit in panels of three, and we sit for a week. I,
because I was at the Justice Department, technically oversaw, I did oversee, the civil
division. And within the civil division is the Office of Immigration…
T. Alexander ALEINIKOFF
Litigation.
Judge Raymond FISHER
Office of Litigation.
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