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10 Appalachian J.L. 27 (2010-2011)
Illuminating the Path of Aliens' Judicial Recourse: Preventing Another Bowoto v. Chevron by Congressional Legislation

handle is hein.journals/appalwj10 and id is 29 raw text is: ILLUMINATING THE PATH OF ALIENS' JUDICIAL RECOURSE: PREVENTING ANOTHER BOWOTO V. CHEVRON BY CONGRESSIONAL LEGISLATION David Hortont I. INTRODUCTION For months, Johnny looked forward to visiting the state fair. It was, without a doubt, his favorite time of the year. Whether he was riding the poorly constructed rides, eating his favorite fried foods or playing the car- nival games with the booth vendors, Johnny could not think of a better way to spend the upcoming weekend. The morning of the fair, Johnny grabbed what money he had saved and rode the bus for three hours until he reached his destination. After gorging himself on elephant ears, hot dogs, and churros, Johnny visited the midway in hopes of winning a giant stuffed animal for his little sister who was too sick to accompany him. Finding his way to a booth, Johnny eyed a prize that he just knew would lift the spirits of his sister. The game was called The Shell Game,' and it seemed simple enough. Since Johnny did not know the vendor, he was a bit hesitant to put his trust into a stranger. Yet, Johnny thought to himself, This game couldn't be rigged, it looks too easy. All Johnny had to do was guess which shell held the hidden marble. Johnny placed his money on the counter and the carnival vendor quickly moved the shells. Johnny never took his eyes off the counter and, with a gust of self-confidence, he guessed at the shell in the middle. To his complete shock, nothing lay under the shell. The vendor laughed while picking up Johnny's money. Care to try again? he asked. Johnny tried again. He placed his money down, watched the rapid shuffling of the shells and, again, he guessed incorrectly. Again? laughed the vendor. This continued untilJonny's pockets were empty. He didn't even have the funds to ride the bus home. The evil laugh of the vendor echoed inside Johnny's head until he finally made it home, empty handed. This illustration might be stereotypical of most state and county fairs in the United States. However, it also analogizes the plight of aliens when t J.D. 2010, Appalachian School of Law. Mr. Horton recently passed the Florida State Bar exam and is currently practicing as an Assistant Public Defender with Florida's 10th Judicial Circuit in Bartow, Florida. I would like to thank Amanda, for always pushing me to the next level; and Professor Howard, for the inspiration. 1. For an example of this past time, please see Free Online Games, The Shell Game, http://www.freeonlinegames.com/puzzle-games/the-shell-game.html (accessed Oct. 27, 2010). 27

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