Timeliness of Petitions for Judicial Review Under Section 106(a) of the Immigration and Nationality Act
This Note argues that courts should adopt a “good faith approach” to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, discouraging dilatory tactics, and fairness to the alien. Part III also argues that the good faith approach is in keeping with past Supreme Court interpretation of section 106, judicial interpretation of similar timeliness questions with respect to review of orders of other administrative agencies, and the Supreme Court’s approach to frivolous appeals by aliens.