Jump to ContentJump to Main Navigation
Beyond DeportationThe Role of Prosecutorial Discretion in Immigration Cases$
Users without a subscription are not able to see the full content.

Shoba Wadhia

Print publication date: 2015

Print ISBN-13: 9781479829224

Published to NYU Press Scholarship Online: May 2016

DOI: 10.18574/nyu/9781479829224.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 29 May 2020

(p.109) 6 Going to Court

(p.109) 6 Going to Court

The Role of the Judiciary in Prosecutorial Discretion Decisions

(p.109) 6 Going to Court
Beyond Deportation

Shoba Sivaprasad Wadhia

Leon Wildes

NYU Press

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than a decade, the immigration agency has depended on the conclusions in two Supreme Court decisions, Heckler v. Chaney and Reno v. ADC, to (re)state that prosecutorial actions in immigration law are precluded from judicial review. This chapter describes the standards outlined in the Administrative Procedure Act and Immigration and Nationality Act for judicial review of agency actions and applies these standards to a portion of federal court decisions involving administrative discretion. This chapter illustrates that noncitizens possibly do have a right to challenge a prosecutorial discretion decision in federal court.

Keywords:   Heckler v. Chaney, Reno v. ADC, Administrative Procedure Act, judicial review, court

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.