Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma Mar 2018

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin Jan 2018

Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin

Indiana Law Journal

I. UNITED STATES V. TEXAS: DEFINING THE BOUNDARIES OF ENFORCEMENT DISCRETION

A. DAPA AND THE CONSTITUTIONAL CHALLENGE

B. SCHOLARLY DEBATE: APPLICATION OF YOUNGSTOWN FRAMEWORK TO DAPA

II. TAKE CARE: CONFLICTING INTERPRETATIONS OF THE DUTY TO FAITHFULLY EXECUTE THE LAW

III. ENFORCEMENT DISCRETION: INTERACTION BETWEEN CONGRESS AND THE EXECUTIVE

A. HECKLER V. CHANEY: EARLY RECOGNITION OF EXECUTIVE ENFORCEMENT DISCRETION

B. ENFORCEMENT DISCRETION’S SPECIFIC APPLICATION TO IMMIGRATION LAW

C. THE MEANING OF “DEFERRED ACTION”

IV. THE HISTORICALLY LIMITED ROLE OF THE JUDICIARY

A. PRESUMPTIVE UNREVIEWABILITY

B. ADDITIONAL PROCEDURAL HURDLES

V. MOVING FORWARD: LESSONS TO BE LEARNED FROM THE OBAMA ADMINISTRATION

A. FRAMING …


“Show Me Your Papers”: An Equal Protection Violation Of The Rights Of Latino Men In Trump’S America, Monica Chawla Jan 2018

“Show Me Your Papers”: An Equal Protection Violation Of The Rights Of Latino Men In Trump’S America, Monica Chawla

Touro Law Review

No abstract provided.


Stopping The Clock: Resolving The Circuit Split Over The Notice To Appear And The Stop-Time Rule Under The Immigration And Nationality Act, Maria Kennison Jan 2018

Stopping The Clock: Resolving The Circuit Split Over The Notice To Appear And The Stop-Time Rule Under The Immigration And Nationality Act, Maria Kennison

Dickinson Law Review (2017-Present)

The Immigration and Nationality Act (INA or “the Act”) is the primary governing body of law on immigration in the United States. The INA establishes the procedures for removing noncitizens from the country.

To initiate removal proceedings, the Department of Homeland Security (DHS) serves a Notice to Appear (NTA) on a noncitizen deemed to be removable. The INA specifies information to be contained in the NTA, including the hearing date and location. A form of relief from removal that noncitizens may apply for is cancellation of removal, which is contingent on factors such as continuous residence in the United States …


The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels Jan 2018

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review (2017-Present)

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of relief …