Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum
Houston Law Review-e: Off the Record, Vol. 5, No. 2, 2015
14 Pages Posted: 2 May 2015
Date Written: April 30, 2015
Abstract
This Article raises awareness concerning an injustice caused by our current immigration system in the United States. It explains the facts and procedural history of one person’s fight to remain in the United States, and his ultimate physical deportation while his pro se case was still pending before the Fifth Circuit. Although such a deportation is not currently prohibited under the Immigration and Nationality Act (INA), the fact that his case was ultimately ordered remanded by the Fifth Circuit (post-deportation) left the petitioner with a true pyrrhic victory because he now cannot be found.
Keywords: immigration; appeals; litigation; remand; administrative law; injustice; removal; deportation; reinstatement; remedies; Covention Against Torture; Asylum; Withholding
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