Abstract
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act) dramatically revises the judicial review provisions of the INA. The 1996 Act amends or repeals many of the current sections governing federal court jurisdiction and substitutes new requirements for review of decisions by the INS and the Board of Immigration Appeals (BIA).
The changes in judicial review enacted by the new legislation are complex. In some respects, the 1996 Act attempts to eliminate review of certain INS decisions altogether. In others, it alters or restricts the role of the federal courts. All of the new provisions are subject to interpretation, and a significant number are subject to constitutional challenge or limitation. In addition, the judicial review provisions in the pre-1996 Act INA and elsewhere continue to apply to many cases, and special “transitional changes” apply to a large category of final deportation and exclusion orders. Therefore, familiarity with the new procedures under the 1996 Act, as well as with the various effective dates governing whether and when new provisions and transitional rules apply, is essential.
This article discusses the various judicial review provisions of the 1996 Act, and their applicability to current and future cases. The charts in Appendix I of this Release summarize the new sections affecting judicial review and their respective effective dates.