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Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment

Abstract

In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"). Included in IIRIRA's reforms was the introduction of an expedited removal procedure of inadmissible aliens. This procedure contains apparent constitutional defects. However, these" defects are insulated by the 1893 Supreme Court decision Fong Yue Ting v. United States, which holds that constitutional protections do not apply to noncitizens faced with expulsion. This Note argues that any challenge to the expedited removal procedure must also challenge Fong Yue Ting. This Note then explores the Fong Yue Ting dissents as a model for such a challenge.

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41 Ariz. L. Rev. 1109 (1999)

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Authors

John L. Pollock (University of Arizona)

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