The Role of the Judiciary in Prosecutorial Discretion Decisions
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.
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