Can Some Returning Nonimmigrants Challenge an Expedited Removal Order in Court? How Recent Case Law May Provide a Window of Opportunity

Under section 235(b)(1) of the Immigration and Nationality Act (“INA”),[1] U.S. immigration officers may order certain non-citizens[2] who are arriving in the United States to be removed on an expedited basis, without any appeal or meaningful judicial review.  This “expedited removal” process can lead to unfair results, but the conventional wisdom has been that it […]