Proposal Would Put Immigration Appeals in Federal Circuit

Mar. 28, 2006

Senator Bill Frist has introduced a bill (S. 2454) directed primarily at immigration issues.  One section of the bill (sec. 501), however, may impact on customs and trade appeals before the U.S. Court of Appeals for the Federal Circuit.  Under the proposal, immigration appeals involving removal and exclusion orders will be heard exclusively in the Federal Circuit.  Under sec. 507, these appeals will first be considered by a single judge of the Federal Circuit who will determine whether there is a "reviewable" issue.  Appeals not receiving a certificate of reviewability, will be denied.

It is not clear at this point whether there is significant support for this proposal or how it might affect the timeliness of decisions in customs and trade cases.