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Sarah Sherman-Stokes on Third-Party Deportation

Season 1, Ep. 487

In this episode, Sarah Sherman-Stokes (@sshermanstokes), Lecturer and Clinical Instructor and Associate Director of the Immigrants’ Rights and Human Trafficking Clinic at Boston University School of Law, discusses her new article “Third Country Deportation,” forthcoming this spring in the Indiana Law Review. Prof. Sherman-Stokes begins by orienting the listener to different forms of “shadow deportation”; removal from the United States by a number of different extrajudicial methods. She then focuses on what she terms “third country deportations.” Even if a non-citizen is granted relief under the Convention Against Torture, relief under which is mandatory of a showing is made that a non-citizen will be subject to torture if returned to their country of origin, they may still be removed to a third country without notice. Virtually no guidance, either statutory or regulatory exists regarding how such third country deportations should proceed, and Prof. Sherman-Stokes provides an overview of the limited forms of relief a non-citizen may seen when facing such removal and argues that our domestic and international legal obligations require meeting certain minimal levels of due process as well as evidentiary hearings.

Professor Sherman-Stokes’ scholarship is available on SSRN This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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