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- Immigration; Due Process; Notice to Appear; Removal Proceedings; Stop-Time Rule; Cancellation of Removal; Jurisdiction; Deportation; Immigration and Nationality Act (1)
- Immigration; Immigration Detention; Transfer; Custody; Immigration and Customs Enforcement; Agency; Noncitizen; Deportation; Freedom of Information Act; Archipelago; Asylum; Notice to Appear; Executive Office for Immigration Review; Board of Immigration Appeals; Department of Homeland Security; Immigration and Naturalization Service; Immigration and Nationality Act; Intergovernmental Service Agreement; Bond; Parole; Representation; Community; Rumsfeld v. Padilla; Legal Cynicism; Inter-American Commission on Human Rights; Jurisdiction; Hunger Strike; Performance-Based National Detention Standards (1)
- Immigration; Migration control; Border Security; Zero Tolerance; Family Separation; Immigration Detention (1)
- Immigration; Procedural Due Process; Immigration Bail; Involuntary Confinement (1)
- Particular Social Group; Board of Immigration Appeals; Asyum Seeker; Gang Members; Immutability; Immigration; Non-citizen; Persecuted; Persecution; Deportation; Immigration and Nationality Act; Matter of Acosta; Amaya v. Rosen; MS-13; Refugee Act of 1980; Chevron U.S.A.; Inc. v. Natural Resources Defense Council; Social Visibility; Particularity; Matter of C-A; Matter of A-M-E & J-G-U; Northern Triangle; Matter of A-R-C-G-; Gatimi v. Holder; Valdiviezo-Galdamez v. Attorney General of the United States; Valdiviezo-Galdamez; Immigration and Customs Enforcement; Border Protection; Anti-terrorism and Illegal Immigration Control Act of 2005 (1)
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Articles 1 - 6 of 6
Full-Text Articles in Law
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
Brooklyn Law Review
A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Journal of Law and Policy
This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy
This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …
A Lineage Of Family Separation, Anita Sinha
A Lineage Of Family Separation, Anita Sinha
Brooklyn Law Review
Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia and …
Rights Retrenchment In Immigration Law, Catherine Y. Kim
Rights Retrenchment In Immigration Law, Catherine Y. Kim
Faculty Scholarship
No abstract provided.