Immigration Article of the Day: A Framework for Judicial Review and Remand in Immigration Law by Collin D Schueler
A Framework for Judicial Review and Remand in Immigration Law by Collin D Schueler, University of Kentucky College of Law, 2015 Denver University Law Review, Forthcoming
Abstract: This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modern framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, has significant implications for the larger theoretical debate over formalism and functionalism in administrative law.