From: Carlos Rodriguez [Email him]
In my opinion the best thing to do is to avoid detaining the aliens at all during the appeal process, but just deport them. Look at the illegal alien when detected/detained. If he has no legal status, or a visa renewal in process, we should expeditiously repatriate him to his/her homeland with instructions on how to appeal from there via our government's web based services.
He can then "appear" in front of our immigration judges via Skype or some other similar platform, much in the same way that those in custody do today.
By sending them back the savings to the government increase as we no longer have to track or house them. The social costs decrease as they are no longer here taking up a job that a citizen might do. And if he's too busy bankrolling his own living expenses, he won't be appealing unless he has a good shot at winning.
An extra caveat could be that if we deport him/her, the illegal alien should have a 5 year ban. If he rolls the dice on appeal and loses, he gets a 10 year ban. That would clean up the docket.