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Articles 1 - 11 of 11

Full-Text Articles in Law

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies Dec 2018

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies Nov 2018

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Barring Asylum Claims: The President Versus The Statute, Peter Margulies Nov 2018

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia Nov 2018

National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia

Washington and Lee Law Review

No abstract provided.


At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies Oct 2018

At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq. Jun 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.

St. Mary's Law Journal

Abstract forthcoming


Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein May 2018

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Making America Safe Again: The Proper Interpretation Of [Section] 1101 (A)(43)(S) Of The Immigration And Nationality Act From Both A Chevron And A Public Policy Perspective, Jon Derenne May 2018

Making America Safe Again: The Proper Interpretation Of [Section] 1101 (A)(43)(S) Of The Immigration And Nationality Act From Both A Chevron And A Public Policy Perspective, Jon Derenne

Cornell Law Review

The law must give our government every opportunity to protect Americans from the actions of criminal alien residents. This includes interpreting our existing statutes to provide the government with the broadest authority possible to deport resident aliens who violate our laws. As such, the optimal interpretation of the "relating to obstruction of justice" language within the INA is to implement the common sense textual interpretation applied by the Third Circuit, reading the statute broadly to encompass crimes that are listed in the obstruction of justice heading in the U.S. Code, as well as other logically related crimes.


The Travel Ban And Presidential Power, Peter Margulies Apr 2018

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez Jan 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez

Law Faculty Scholarship

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 …